Khajija Tahera vs State of Jharkhand

Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner apprehends her arrest in connection with Nagar Untari P.S. Case No. 08 of 2020, registered for the offence punishable under sections 417, 419, 269, 270, 336, 337, 338 of the Indian Penal Code; sections 41 (1)b, 2(3) of Medical Practitioner Act 2007; sections 13(3), 25 of Indian Medical Council Act, 1956; section 41 of Clinical Establishment (Registration & Regulation) Act, 2010; sections 4(i) of Indian Medical Drugs Act and 27 of the Drugs Cosmetics Act, 1940.

It has been alleged that Firoz Ansari, who is a quack, was undertaking operations upon patients. The allegation against the petitioner appears to be assisting Firoz Ansari. It further appears that most of the sections are bailable in nature.

Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, she will be enlarged on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Garhwa in connection with Nagar Untari P.S. Case No. 08 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

This application stands allowed.