Santosh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73050 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Santosh Kumar Mishra Son of Rajendra Mishra Resident of Village - Babanagar, Near Jaso Dera, P.S. - Buxar (M), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No.77(0) of 2023 instituted under Sections 22(1), 23(1), 23(3) and 25 of the PC & PNDT (Prohibition Sex Selection) Act.

3. As per prosecution case, on 22.05.2023 the Enquiry Committee, Buxar inspected Vaishnavi Ultrasound Centre, near Sheela Cinema, Station Road, Dumraon which was found open and was being run by the proprietor without its renewal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the main allegation against the petitioner is that he has not put the information on the notice

Patna High Court CR. MISC. No.73050 of 2024(2) dt.23-10-2024 2/2 board that the registration of Ultrasound Centre is not renewed and it is closed till further order. It is further submitted that the petitioner had already applied for renewal of the Centre although there was delay of 13 days and the delay was caused due to illness of the petitioner. There is no allegation that the petitioner was involved in any illegal activities. The petitioner has one criminal antecedent in which he is on bail. The petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released 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 C.J.M., Buxar in connection with Complaint Case No.77(0) of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T