Dr. Rakhi Sinha @ Rakhi Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66164 of 2023 Arising Out of PS. Case No.-550 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== DR. RAKHI SINHA @ RAKHI SINHA D/o Alakh Deo Prasad Singh, W/o Vijay Prasad R/o vill - Jagalpur, P.S. - Imamganj, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sherghati P.S. Case No. 550 of 2023 dated 27.05.2023, instituted for the offence punishable under Sections 417, 420, 467, 468 and 471/34 of the Indian Penal Code and under Sections 15(2) and 15(3) of the Indian Medical Council Act, 1956.
3. The allegation against the petitioner is of running nursing home in illegal manner contrary to the provisions as prescribed under Sections 15(2) and 15(3) of the Indian Medical Council Act, 1956.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this
Patna High Court CR. MISC. No.66164 of 2023(2) dt.07-11-2023 2/3 case. It is submitted that the petitioner is a registered trainee of Rajkiyae Ayurvedic and Unani Chikitsa Parishad, Bihar having its Registration No. 6227 of 2022 dated 06.09.2022. It is submitted that one co-accused Dr. Rajiv Prasad having valid M.B.B.S. and M.S. Degree is a practicing Doctor and he is having valid registration of Bihar Council of Medical Registration and he runs a Clinic at Gola Bazar, Sherghati and gives treatment of general diseases. It is further submitted that petitioner has no concern either with the alleged Nursing Home or with the Patholab or with Ultrasound. She is neither the owner of any Nursing Home nor Patholab nor Ultrasound. Lastly, it has been submitted that she has no criminal antecedents. Learned counsel for the petitioner submits that one co-accused Dr. Rajiv Prasad has been granted bail by a Coordinate Bench of this Court vide order dated 19.10.2023 passed in Criminal Miscellaneous No. 64798 of 2023.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Sherghati P.S. Case No. 550 of 2023, she shall be released
Patna High Court CR. MISC. No.66164 of 2023(2) dt.07-11-2023 3/3 on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Sherghati, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T