Sameer Sinha @ Dr. Sameer Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34013 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sameer Sinha @ Dr. Sameer Sinha, S/o Dr. S. D. N. Sinha, resident of Hospital Sugauli, P.S.- Sugauli, District- East Champaran (Motihari). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Saket Tiwary, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sugauli P.S. Case No.99 of 2016 instituted for the offence under Section(s) 409, 420, 467, 468, 471 Indian Penal Code.
It has been submitted on behalf of the petitioner that he has performed operation of hydrocele of one person as mentioned in the check list along with First Information Report. Allegation has been made in the written report that the petitioner has misappropriated government money and committed various irregularities in performing surgery of uterus, but in the check list only one case has been mentioned that Anirudh Yadav had been operated for hydrocele.
Patna High Court Cr.Misc. No.34013 of 2017 (3) dt.22-09-2017 2/3 Petitioner has produced Xerox copy of Enquiry Report of Civil Surgeon, East Champaran, Motihari, during course of argument, wherein, it has been mentioned that the allegation leveled against the petitioner is wrong. Let the same be kept on record.
Counsel for the petitioner has submitted that the petitioner is a Doctor and is running his nursing home in the name and style of Dr. Samir Sinha Hospital.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sugauli P.S. Case No.99 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will
Patna High Court Cr.Misc. No.34013 of 2017 (3) dt.22-09-2017 3/3 automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T