Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26210 of 2024 Arising Out of PS. Case No.-255 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Pramod Kumar Son Of Harinath Prasad @ Harinath Mahto Resident Of Village- Sikandarpur, Ps- Muzaffarpur Town, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 419 of the Indian Penal Code and Section 22, 23(i) of Pro-Conception and preNatal Diagnostic Techniques Act, 1994 (i.e. PC and PNDT Act).
3. On the direction of the District Magistrate, Muzaffarpur, an inquiry was conducted and it was found that the ultrasound centre in question is not functioning in accordance with PC and PNDT Act and is running without any valid registration for conducting sex determination and as such, the centre was seized.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name surfaced
Patna High Court CR. MISC. No.26210 of 2024(3) dt.27-06-2024 2/2 during course of investigation. Petitioner is owner of the said centre and has installed only a X-ray machine in the centre. During inspection, neither any ultrasound machine was found in the centre nor there was any complaint from the public in this regard. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Muzaffarpur in connection with Kudhni P.S. Case No. 255 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T