Anticipatory bail application arising from an FIR alleging illegal running of diagnostic centres with ultra-sound machines under IPC Section 420 and PC & PNDT Act violations. The High Court found a prima facie case against the petitioner, proprietor of the centre, and rejected the bail request.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58028 of 2023
Arising Out of PS. Case No.-162 Year-2021 Thana- RAGHUNATHPUR District- Siwan
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ANUP KUMAR CHAURASIYA S/O TARKESWAR PRASAD RESIDENT OF VILLAGE - RAGHUNATHPUR, P.S. - RAGHUNATHPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
Patna High Court CR. MISC. No.58028 of 2023(4) dt.27-02-2024 2/4
petitioner is not the proprietor of Rajdhani Diagnostic Centre, Raghunathpur, Siwan, and no ultra-sound machine was found in the centre. He further submits that the petitioner runs a merchant shop and no complaint, whatsoever, against the petitioner, by any person of the locality, regarding sex determination, has been lodged. He next submits that no case under Section 23 of the Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, is made out against the petitioner.
Patna High Court CR. MISC. No.58028 of 2023(4) dt.27-02-2024 3/4
Selection) Act, 1994. Section 6 of the Act prohibits the use of pre-natal diagnostic techniques, including the ultrasonography for the purpose of determination of the sex of foetus. Section 18 says that no person shall open the laboratory or centre, having ultra-sound machine or imaging machine or scanner or any other technology, capable of undertaking determination of sex of foetus and sex selection, unless such centre, laboratory or clinic is duly registered under the Act. Section 23 provides that any violation of the provisions of the PC & PNDT Act, constitutes a penal offence. Section 27 states that all offences under the said Act shall be cognizable, nonbailable and non-compoundable.
Patna High Court CR. MISC. No.58028 of 2023(4) dt.27-02-2024 4/4
(Anil Kumar Sinha, J)
ashwani/-
U T
1 issue framed by the court
Whether the petitioner deserves anticipatory bail for alleged illegal operation of a diagnostic centre in violation of the PC & PNDT Act, 1994.
5 provisions across 2 enactments
ANUP KUMAR CHAURASIYA
THE STATE OF BIHAR
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
