IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34689 of 2009 1. DR.QUAMRUZZAMA, SON OF LATE SK. ZAINUL ABEDIN MASTANA, AMAN HOSPITAL, NARAINPUR ROAD, RAMNAGAR AT BASANTPUR, P.O. MAINATAND, P.S. RAM NAGAR, DISTRICT WEST CHAMPARAN. 2. DR. MAQSOOD ALAM, SON OF MD. BABUDIN SAH, AMAN HOSPITAL, NARAINPUR RAMNAGAR AT PHULKAN, P.S. RAMNAGAR, DISTRICT WEST CHAMPARAN. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 13.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners apprehend their arrest in a case under Sections 418, 420, 468, 324 and 308 of the Indian Penal Code. Learned counsel for the petitioners submits that prior to the present case, the Civil Surgeon-cum-Chief Medical Officer had instituted a case against the petitioner no. 1 alleging that he was not a duly qualified medical practitioner and had a clinic and was conducting operations. On investigation the case was found to be false as Dr. Quamruzzama was duly registered by the Indian Medical Council. Final form was submitted on 5.9.2005. The present case has again been instituted alleging therein that petitioner no. 1 is not a duly qualified doctor and he is running a clinic and also performing operations. Learned counsel for the petitioners specifically refers to annexure-2 series, a letter issued by the Joint Secretary, Medical Council of India wherein the Joint Secretary has allowed that petitioner no. 1 to perform minor surgical operations as he is qualified as a surgeon from U.S.S.R. The degree of U.S.S.R. is perhaps not recognized in India and, therefore, the Joint Secretary finding that the petitioner no. 1 had sufficient 2 exposure and experience permitted him to perform minor surgical procedures. The First Information Report indicates that the operations conducted were both Histectomy and Appendicitis. The basis on which the statement has been made in the F.I.R. is not quite clear and it is also not clear how the informant could have come to the conclusion that in incision on the stomach was with respect to Histectomy and Appendicitis. Be that as it may, petitioners namely Dr. Quamruzzama and Dr. Maqsood Alam are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Ram Nagar P.S. Case No. 132 of 2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bagaha, West Champaran, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The petitioners should also deposit all their documents before the Investigating Officer to show their qualifications so that they may be verified by the Investigating Officer. Sanjay (Sheema Ali Khan, J.)