Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43536 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Vikash Singh Late Vijay Singh Resident of village and post office and police station Koran Sarai district Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Deepak Kumar Appropriate authority through authorized representative of Authorize authority. D.M., Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Amit Kumar Mishra, Advocate Mr. Anirudh Mishra, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 22(1), 23(1), 23(3) and 25 of the P.C. and P.N.D.T. (Prohibition of Sex Selection) Act, 1994.
3. As per prosecution case, on 23.05.2023 the premises of this petitioner situated in front of Pokhara, Chaugai Road, Koran Sarai, Buxar, were checked by the authorized team and it was found that the center is closed and no sign board was found, however, local co-habitants told that an ultrasound center is being run there and the same is not registered.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.43536 of 2024(2) dt.23-07-2024 2/3 behalf of the petitioner that petitioner has falsely been implicated in this case only on suspicion. As a matter of fact, on the alleged date of inspection, the house of the petitioner was found closed and there was no incriminating material regarding functioning of an ultrasound centre in the premises and as such, no offence under Sections 22(1), 23(1), 23(3) and 25 of the P.C. and P.N.D.T. Act, 1994, is made out against the petitioner. It is further submitted that petitioner is an employee under the Northern Railway, Government of India and is post at Lucknow as Junior Engineer (Electric) and is living there with his family since 2017. It is further submitted that petitioner will actively cooperate in the investigation and diligently appear in the trial.
It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by co-ordinate benches of this Hon'ble Court vide orders dated 02.04.2024 and 07.05.2024 passed in Cr. Misc. Nos. 20115 of 2024 and 26156 of 2024. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory
Patna High Court CR. MISC. No.43536 of 2024(2) dt.23-07-2024 3/3 bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender 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.-V, Buxar, in connection with Complaint Case No. 85(O) of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T