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Patna High CourtCR. MISC./54983/2023bail granted

Ashok Kumar @ Dr. Ashok v. The State Of Bihar

2023-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54983 of 2023 Arising Out of PS. Case No.-391 Year-2023 Thana- SAHPUR District- Patna ====================================================== Ashok Kumar @ Dr. Ashok S/O- Bisheshwar Rai R/O- Village- Shahpur Raghopur, P.S.- Shahpur, Dist- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 369, 370, 379, 406, 420, 120B/34 of the Indian Penal Code and Section 81 of Juvenile Justice Act.

3. As per the prosecution case, this petitioner alongwith other co-accused persons are alleged to have sold the new born baby of informant.

4. It is submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. As a matter of fact, petitioner is staff in the Wasan Eye Care Hospital, Danapur and he has been named, as accused in the F.I.R., on the basis of statement of co-accused Dr. Anmol Rai and Asha worker Meena Devi. It is further submitted that specific

Patna High Court CR. MISC. No.54983 of 2023(2) dt.28-08-2023 2/2 allegation is against Dr. Anmol Rai and Asha worker Meena Devi, who took away the child of the informant for his treatment. Petitioner is neither staff of the hospital where informant's wife was admitted nor he took the child from informant's wife for his treatment. Petitioner has got 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 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 Judicial Magistrate 1st Class, Danapur (Patna) in connection with Shahpur P.S. Case No. 391 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