Dr. Amit Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52352 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -JAMUI District- JAMUI ====================================================== Dr. Amit Anand Son of Arjun Prasad Resident of Village- New Kunj Colony East Bahadurpur Rajendra Nagar, Patna- 16, P.S. - Bahadurpur, District- Patna at Present Posted on the post of Medical Officer , P.H.C. Khaira, P.S.- Khaira, District- Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 406, 409, 419, 420, 440, 467, 468, 471, 307 and 120B of the Indian Penal Code.
The prosecution case, in brief, is that on the alleged date and time of occurrence the informant along with her husband had gone to Anand Nursing Home at Jamui for treatment of abdominal pain. The petitioner told the informant in presence of her husband that operation of abdomen must be essential otherwise severe disease will be generated likewise cancer. It is alleged that after operation the informant always facing abdominal pain. On
Patna High Court Cr.Misc. No.52352 of 2016 (2) dt.08-12-2016 2/3 4.9.2012 ultra sound of the informant was held, where she had got knowledge that he uterus was ousted from abdomen and she lost her matritwa such. It is further alleged that with the connivance of owner of x-ray the petitioner committed such type of crime with her.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is of 26.8.2010. The complaint case was filed in respect to that in the year 2012 after a period of two years. The matter has been settled between the parties vide Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. case No.181 of 2016, subject to the conditions as
Patna High Court Cr.Misc. No.52352 of 2016 (2) dt.08-12-2016 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T