Dr Chandrabhushan Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Dr Chandrabhushan Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail, in the event of arrest or surrender before the court below within three weeks, on furnishing a bail bond of Rs.20,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, in connection with Jamua P.S. Case no.43 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Jamua P.S. Case no.43 of 2024 registered under Sections 313, 417, 420 & 34 IPC and Section 5(2) of the Medical Termination of Pregnancy Act, 1971, is entitled to anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs.20,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, in connection with Jamua P.S. Case no.43 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No.3251 of 2024, order dated 23.07.2024): Dr. Chandrabhushan Singh @ Dr. C. B. Singh, apprehending arrest in Jamua P.S. Case no.43 of 2024 registered under Sections 313, 417, 420 & 34 IPC and Section 5(2) of the Medical Termination of Pregnancy Act, 1971, over the alleged termination of pregnancy of a patient, Manju Kumari, at Angelina Hospital, Deoghar Road, Jamua, was held entitled to enlargement on anticipatory bail. The learned Spl. P.P. referred to paragraph no.67 of the case diary showing that the patient had not supported the prosecution case that any pregnancy termination was performed by the petitioner in the said hospital. In the event of arrest or surrender before the court below within three weeks, the petitioner is to be released on a bail bond of Rs.20,000 with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Giridih, subject to the conditions under Section 438(2) Cr.P.C. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3251 of 2024

Dr. Chandrabhushan Singh @ Dr. C. B. Singh @ Chandrabhushan Singh .......... Petitioner. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Ms. Micky Kumari, Advocate For the State : Mr. P. D. Agrawal, Spl. P.P. ----- Order No.05 Date: 23.07.2024

The petitioner is apprehending his arrest in a case registered under Sections 313, 417, 420 & 34 of the Indian Penal Code; and Section 5(2) of the Medical Termination of Pregnancy Act, 1971.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. As per the allegation, the petitioner had performed pregnancy termination of a patient, namely, Manju Kumari in Angelina Hospital, Deoghar Road, Jamua. In fact, the petitioner is not concerned with the said abortion as has been alleged. The allegation made against him is fabricated and concocted. The petitioner has no criminal antecedent as has been stated in paragraph no.10 of the present anticipatory bail application. He also undertakes to co-operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail.

Learned Spl. P.P. though opposes the petitioner’s prayer for anticipatory bail, however, on putting question by the Court regarding statement of Manju Kumari, he refers to paragraph

no.67 of the case diary and submits that she has not supported the case of the prosecution that any pregnancy termination was performed by the petitioner in the said hospital.

Having heard learned counsel for the parties and considering the materials available on record, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/(Rupees Twenty Thousand) with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Giridih, in connection with Jamua P.S. Case no.43 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Sanjay/

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A.B.A. No.3251 of 2024