Anticipatory bail sought by a person accused of running an unregistered Star Ultrasound Centre after seizure of prescription slips, reporting pads and flex boards during a raid. The court found a prima facie case under the PC & PNDT Act with supporting witnesses and criminal antecedents, and dismissed the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78526 of 2023
Arising Out of PS. Case No.-72 Year-2023 Thana- KHUTAUNA District- Madhubani
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RAMUDGAR YADAV @ RAM UDAGAR YADAV Son of Adhiklal Yadav R/o vill - Khaira Math, P.S. - Jaynagar, Distt. - Madhubani
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Mohammad Sufyan
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CR. MISC. No.78526 of 2023(2) dt.10-01-2024 2/5
1, in which, Mr. Balendu Narayan Pandey, Senior Deputy Collector, Madhubani, Mr. Alok Kumar, Block Development Officer, Khutouna, Mr. Rama Kumar, Circle Officer, Mr. Dhanajay Kumar, Station House Officer, Khutouna, Dr. Bimal Bihari, Medical Officer, Community Health Centre, Khutouna, were included. The enquiry team proceeded for verification of the ultra-sound centres situated in Khutouna and during the process they visited several ultra-sound centres, including the centre run by the petitioner in the name and style of Star Ultrasound Centre. Upon search, the team found 25 blank and 01 filled prescription referring to Star Ultrasound Centre, 04 reporting pad, out of which, 01 was blank and 03 was filled upon which Star Ultrasound Centre was mentioned and 01 envelope and flex board upon which Star Ultrasound Centre was mentioned. The team enquired from the nearby people and found that the Star Ultrasound Centre was being run by the petitioner in the rented house of Manoj Sahu and Kishun Sahu. It has further been alleged that the Star Ultrasound Centre was being run without any registration and in illegal manner.
Patna High Court CR. MISC. No.78526 of 2023(2) dt.10-01-2024 3/5
petitioner is innocent and has been implicated in the present case with oblique motive. The allegation has been made against the petitioner that he has been running the Star Ultrasound Centre, from where the blank prescription slip, referring pad and other articles were recovered, but in the First Information Report there is no mention about the ultrasound machine or any other apparatus being recovered from the Ultrasound Centre in order to show that laboratory was being run by the petitioner, where ultrasound machine, imaging machine, scanner or any other equipment were kept for determination of sex of the foetus.
Patna High Court CR. MISC. No.78526 of 2023(2) dt.10-01-2024 4/5
Patna High Court CR. MISC. No.78526 of 2023(2) dt.10-01-2024 5/5
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.
10.This application is, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of running an unregistered ultrasound centre in violation of the PC & PNDT Act.
5 provisions across 2 enactments
Ramudgar Yadav @ Ram Udagar Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
