Dr. Anil Kumar Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74789 of 2022 Arising Out of PS. Case No.-332 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== DR. ANIL KUMAR SINGH @ ANIL KUMAR SINGH Son of Late shyam Sundar Prasad Singh R/V- Physical Gali, Ward no. 28, Kalawati Jiyalal Clinic, P.S- Sitamarhi, Dist- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and Mr. Satyendra Prasad, learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Sitamarhi P.S. Case No. 332 of 2019 registered for the offences punishable under Sections 419, 420, 338, 269, 270, 467, 468, 188, 120(B) of the Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, the informant has alleged that the when he got admitted his wife in Shyama Clinic on 01.06.2019 for her delivery, Rs. 23,000/- was demanded and asked to deposit half of the amount. The informant deposited Rs. 7000/-. But, his child died in course of operation, thereafter,

Patna High Court CR. MISC. No.74789 of 2022(2) dt.29-04-2023 2/3 he was again asked to deposit Rs. 16,000/-, then the patient will be released from hospital.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the case has been lodged by the informant against the proprietor, doctors and staffs of the Shyama Hospital. It is submitted that neither petitioner is named in the F.I.R. nor any specific allegation attributed against him. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, considering that the F.I.R. has been lodged against the proprietor, doctors and staffs of the Shyama Hospital, petitioner submits that being a qualified doctor he was visiting the said hospital as and when called for and save and except that he has no connection with the present case, this Court directs that in the event of his arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 332 of 2019, subject to

Patna High Court CR. MISC. No.74789 of 2022(2) dt.29-04-2023 3/3 the conditions as laid down under Section 438 (2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T