Dr. Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4677 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- MOKAMAH District- Patna ====================================================== Dr. Ranjan Kumar, aged about 41 years, male, Son of Late Ram Chandra Prasad Gupta Medical Officer, Referral Hospital, P.S.- Mokama, DistrictPatna. Permanent Resident of Simrahi Bazar, P.S.- Raghopur, DistrictSupaul. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. N. K. Agrawal-Sr. Advocate Mr. Vijay Anand-Advocate For the Respondent/s :

Mr. Sadanand Paswan-S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State.

This appeal is directed against the order dated 28.09.2019 passed in A.B.P. No.7625/2019 in Special Case No.445 of 2019 arising out of Mokama P. S. Case No.208 of 2019 whereby and whereunder learned Additional Sessions Judge-XX-cumSpecial Judge SC/ST, Patna has rejected the anticipatory bail filed by the appellant for the offences punishable under Sections 341, 323, 504, 506 of the Indian Penal Code read with Section 3(i)(x) of SC/ST Act.

As per the F.I.R. appellant happens to be the doctor in Referral Hospital, Mokama and there is allegation of misbehaviour with the informant, who is a Lab Assistant with wrong intention.

Patna High Court CR. APP (SJ) No.4677 of 2019(3) dt.09-12-2019 2/2 Submission of the appellant is that as a matter of fact that earlier to the filing of the present case, a case has been lodged by the appellant against the informant for mishaviour and due to which this present false case has been filed and no such occurrence as alleged by the informant has ever taken place. Considering the aforementioned facts and circumstances, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-XX-cum-Special Judge, SC/ST, Patna in connection with Special Case No.445/2019 arising out of Mokama P. S. Case No.208 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the result, the appeal is allowed and the impugned order dated 28.09.2019 is set aside.

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