Patna High Court - OrdersTapeshwar Singh @ Lal Babu & Anr vs The State Of Bihar on 8 February, 2016Author:Anjana MishraBench:Anjana MishraPatna High Court Cr.Misc. No.3690 of 2016 (2) dt.08-02-2016




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.3690 of 2016
                         Arising Out of PS.Case No. -333 Year- 2015 Thana -KUSHESHWARSTHAN District-
                                                          DARBHANGA
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                   1. Tapeshwar Singh @ Lal Babu, son of Late Shiv Nandan Singh, resident
                      of Village- Narayanpur, P.S.- Kusheshwar Asthan, District- Darbhanga.
                   2. Salita Kumari, wife of Radheshyam Singh, resident of Village- Kumhar
                      Toli, P.S.- Gadhpura, District- Begusarai.

                                                                                  .... ....   Petitioners
                                                          Versus
                   1. The State of Bihar

                                                                 .... .... Opposite Party
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                   Appearance :
                   For the Petitioners    : Mr. Phulendra Kumar, Advocate.
                   For the Opposite Party : Mr. Anil Kr.Singh(APP)
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                   CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
                   ORAL ORDER

2   08-02-2016Heard learned counsel for the petitioner and learned

                   counsel for the State.The petitioner is in custody since 29.12.2015 in

                   connection with Kusheshwar Asthan P.S. Case No.333/2015 for

                   the offences punishable underSections 420,406,336,342,343,347,467,468, and471of the Indian Penal Code and under

                   Section 30(2) of Bihar Clinic Establishment Act, 2013.Learned counsel for the petitioners submits that an

                   allegation has been made against the petitioners that they have

                   been practicing as doctors though they are not registered medical

                   practiceners. The further allegation against the petitioners is that

                   they had been running the said 'MAA DURGA SWASTHYAPatna High Court Cr.Misc. No.3690 of 2016 (2) dt.08-02-2016SEVA SADAN', which was an illegal clinic and it has not been

                      registered under Bihar Clinic Establishment Act and Rule. The

                      learned counsel for the petitioners further submits that all the

                      allegations made in the F.I.R are not tenable in law as the

                      petitioners are Rural Medical Practiceners under the relevant rule,

                      they use the title of doctors before their names. He further submits

                      that at bestSection 30 (2)of Bihar Clinic Establishment Rules,

                      2013 is made out, which is bailable and the petitioners are liable to

                      pay with monetary penalty only.Considering the aforementioned facts and circumstances

                      of the case and also that the petitioners are in custody for more

                      than two months and the petitioners undertake to be present during

                      the course of trial, let the petitioners above named, be released on

                      bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of learned A.C.J.M., Biroul, District-Darbhanga in connection

                      with Kusheshwar Asthan P.S. Case No.333/2015.(Anjana Mishra, J.)

Amit/-U          T