DR. OM PRAKASH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has approached this Court for quashing the order dtd. 23/5/2013 passed by learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 416/2009 whereby finding prima facie case under Sec. 224, 225, 120(B) of the Indian Penal Code, he has issued process against the petitioner for appearance to face trial.

(2.) In nutshell the prosecution case is that on 16/12/2009 at about 06:15am, informant being a police officer of Motihari Town P.S. got information that one under-trial prisoner, Manjelal Sahni, who had been shifted to Motihari Sadar Hospital from Motihari jail for better treatment, has somehow escaped from police custody from the general ward of the hospital where his treatment was going on. It is also alleged that in course of his treatment at Sadar Hospital, five constables were deputed to keep watch over him, but on the pretext of going to toilet, the said Manjelal Sahni, an accused, fled away. The guards on duty could not keep watch over them.

(3.) On the basis of aforesaid written report, an FIR as Motihari Town P.S. Case No. 416/2009 dtd. 16/12/2009 was registered under Sec. 224, 225 and 120(B) of the Indian Penal Code implicating Manjelel Sahni, the accused who fled away alongwith his family members.