Patna High CourtCR. MISC./75957/2023bail granted

Md. Salim @ Dr. Salim v. The State Of Bihar

2024-02-27Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75957 of 2023 Arising Out of PS. Case No.-317 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== 1.

MD. SALIM @ DR. SALIM SON OF NASIRUL HAQUE @ NASIRUL HASSAN R/O VILLAGE- NAWADA, WARD NO. 4, P.S.- JALLEY, DISTRICT- DARBHANGA 2.

DR. JOSHINA KHATOON @ DR. JOSHINA WIFE OF MD. SALIM @ DR. SALIM R/O VILLAGE- NAWADA, WARD NO. 4, P.S.- JALLEY, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha Mr.Saurav Anand For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Pupri P.S. Case No. 317 of 2023 registered for the offence punishable under Sections 287/308/313/326/419/420/467/468/324//34 of the Indian Penal Code and Section 16 of the Bihar Clinical Establishment Act, 2007.

3. The petitioners are husband and wife and they were found to be running a hospital without any degree. The hospital was unregistered. One fake certificate was also produced by the petitioners during inspection. They were also doing surgery. The petitioners are in jail since 29.07.2023.

Patna High Court CR. MISC. No.75957 of 2023(4) dt.27-02-2024 2/2

4. Learned counsel for the petitioner has given a undertaking that the petitioners in future will not be doing any such business of treating the patients.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the period of custody and also the undertaking given by the petitioners, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 317 of 2023.

7. The petitioners will file their affidavit that they will not do any business connected with the medical profession. Failure to do so, will result in non-acceptance of bail bond of the petitioners.

(Sandeep Kumar, J) Saif/- U T