Dr. Kamala Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35052 of 2018 Arising Out of PS.Case No. -368 Year- 2017 Thana -DHANARUA District- PATNA ======================================================

1. Dr. Kamala Kant Singh son of Late Ram Surat Singh, posted as a Medical Officer at Additional Primary Health Centre Veer Dhanarua, P.O. Veer, Police Station Dhanarua, District- Patna permanent resident of Village- Gohan, P.S.- Isuapur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 368 of 2017, registered for offences punishable under Sections 420, 467, 468, 469, 470 and 471 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the Medical Officer at Additional Primary Health Centre, Veer, was absent from the duty since May 2014, for which an enquiry was conducted and in the said enquiry the petitioner has been exonerated on the basis of the O.P.D. register, however, the said O.P.D register was found forged.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case with oblique motive, which will appear from the fact that the enquiry officer himself

Patna High Court Cr.Misc. No.35052 of 2018 (2) dt.06-07-2018 2/2 has submitted a report on 09.12.2016, finding that no charge is made out against the petitioner. However, after expiry of nine months, it is alleged that the O.P.D. register produced by the petitioner has been found forged.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi, Patna connection with Dhanarua P.S. Case No. 368 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) sunil/- U T