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Patna High CourtCR. MISC./44069/2015bail granted

Dr. Namrata Kumari @ Namrata Singh v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44069 of 2015 Arising Out of PS.Case No. -242 Year- 2013 Thana -PATRAKARNAGAR DistrictPATNA =====================================

1. Dr. Namrata Kumari @ Namrata Singh, W/o Dr. Rabindra Kumar Singh, Resident of House No.- N-26, Professor Colony, P.S.- Patrakar Nagar, Kankarbagh, District/TownPatna- 800020. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Patrakar Nagar P.S. Case No.242 of 2013, disclosing offences under Sections 420, 504 and 506/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court Cr.Misc. No.44069 of 2015 (6) dt.14-07-2016 2/3 The petitioner is a gynecologist and runs a Nursing Home at Kankarbagh, Patna. It is alleged that due to wrong treatment given to the informant's son, he faced kidney problems. It is also alleged that when the informant made complaint in this regard, the petitioner abused him by taking his caste name.

Learned counsel for the petitioner has submitted that lodging of the First Information Report is apparently malicious. He has also submitted that no offence, under Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is made out against the petitioner in the facts and circumstances of the case.

In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna, in connection with Patrakar Nagar P.S. Case No.242 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.44069 of 2015 (6) dt.14-07-2016 3/3 petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T