IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27288 of 2008 PRABHAT SHARMA @ DR. PRABHAT SHARMA Versus STATE OF BIHAR ----------- Cr.Misc. No.32168 of 2008 OM PRAKASH SHARMA Versus STATE OF BIHAR ----------- 2 4.8.2008. Prabhat Sharma alias Dr. Prabhat Sharma and Om Prakash Sharma are apprehending their arrest in connection with Khizersarai P.S.Case no.38 of 2008 registered for offence under sections 420, 120(B), 386/34 of the Indian Penal Code and section 23/25 of the Pre- conceptional Prenatal Dignostic Techniques (Prohibition of Sex Selection) Act,1994. The case of Prabhat Sharma alias Dr. Praabhat Sharma is that he has been made accused simply because his house was rented out to Om Prakash Sharma for starting ultrasound centre and the ultrasound machine was found kept there. Om Prakash Sharma petitioner in Cr.Misc.No.32168 of 2008 has submitted that no offence under section of the Indian Penal mentioned in the F.I.R. Code and Section 23/25 of Pre-conceptional Prenatal Dignostic Techniques (Prohibition of Sex Selection) Act,1994 is made out. Considering the allegations in the F.I.R. itself the house was sealed by the authorities previously and on the date of occurrence seal was removed. Admittedly during all these period ultrasound was not being done. Complete ultrasound machine was not dispatched by the company which is apparent from Annexure-4, as such no ultrasound work had started as such there was no question of taking license. - 2 - Considering the aforesaid fact prayer for anticipatory bail is allowed. The petitioner namely Om Prakash Sharma in Cr.Misc.No. 32168 of 2008 and Prabhat Sharma alias Dr. Prabhat Sharma petitioner in Cr.Misc.No.27288 of 2008 are directed to surrender before the C.J.M. Gaya within four weeks from today and on their so surrendering they shall be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M.Gaya in connect ion with Khizersarai P.S.Case no.38 of 2008 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, j)