Dr Sanjay Kumar Choudhary Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Dr Sanjay Kumar Choudhary Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail privilege granted: petitioner to surrender before the learned court within three weeks; on surrender/arrest, to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Koderma, in connection with Telaiya P.S. Case No. 169 of 2023, subject to conditions under S. 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, a practising doctor apprehending arrest in Telaiya P.S. Case No. 169 of 2023 (S. 406 IPC; S. 25, Ss. 29/30 PCPNDT Act, 1994; Rule 9 and Rule 11 of the Rules, 1996), pending before the Chief Judicial Magistrate, Koderma.

Court's answer

The court's stated considerations were that the petitioner is the doctor, that the proprietor of the ultrasound centre had already been provided anticipatory bail vide A.B.P. No. 648/2023, and that the only allegation is that the record of four patients was not found in the ultrasound centre.

Ratio / Principle

In the attending facts and circumstances, the judge was inclined to provide the privilege of anticipatory bail to the petitioner.

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks, and in the event of his surrender or arrest he shall stand released on bail.ratio¶16
Upon surrender or arrest, the petitioner is to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Koderma, in connection with Telaiya P.S. Case No. 169 of 2023, subject to the conditions laid down under S. 438(2) CrPC.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail Application granted (Sanjay Kumar Dwivedi, J., High Court of Jharkhand, Ranchi; A.B.A. No. 568 of 2024, dated 04/11.03.2024): a practising doctor apprehending arrest in Telaiya P.S. Case No. 169 of 2023 — registered under sections 406 IPC, Section 25 of the Pre Conception and Pre Natal Diagnostic Techniques Act, 1994 (contravening Sections 29/30 of that Act and Rule 9 and 11 of the PCPNDT (Prohibition of Sex Selection) Rules, 1996), pending before the CJM, Koderma — was granted the privilege of anticipatory bail. Allegations were limited to non-maintenance/non-production of ultrasound patient records (Form F of four patients not found), and the clinic proprietor had already obtained anticipatory bail in A.B.P. No. 648/2023. Petitioner directed to surrender within three weeks; on surrender/arrest, release on bail bond of Rs. 25,000/- with two like sureties, subject to S. 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND, RANCHI

A.B.A. No. 568 of 2024

Dr. Sanjay Kumar Choudhary …Petitioner

Versus

The State of Jharkhand …Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--For the Petitioner : Mr. Ankur Anand, Advocate For State : Mr. Prabhu Dayal Agrawal , Advocate ---

04/11.03.2024

Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

The petitioner is apprehending his arrest in connection with Telaiya P.S. Case No. 169 of 2023, for the offence registered under sections 406 of the Indian Penal Code, Section 25 of Pre Conception and Pre Natal Diagnostic Techniques Act, 1994 (for contravened of Sections 29/30 of Pre Conception and Pre Natal Diagnostic Techniques Act, 1994 and under Rule 9 and 11 of Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996) pending in the court of learned Chief Judicial Magistrate, Koderma.

Learned counsel for the petitioner submits that the petitioner is a practicing doctor and the allegations have been made that the records of the ultra sound patients have not been maintained. He submits that the proprietor of the said ultra sound clinic namely Mithilesh Kumar Singh @ Mithilesh Kumar has been provided anticipatory bail in A.B.P. No. 648/2023. Further submits that only allegations are made that form F of the four of the patients have not been found in the record of the ultra sound center.

Learned counsel for the State opposed the prayer on the ground that the allegations are there of not keeping the record. 5. Considering that the petitioner is the doctor and the proprietor of the said ultra sound center has been provided anticipatory bail vide A.B.P. No. 648/2023 and the only allegation is that record of the four patients have not been found in the ultra sound center.

In the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Koderma, in connection with Telaiya P.S. Case No. 169 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

MM