Dr. Bindu Sinha @ Bindu Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1198 of 2017 Arising Out of PS.Case No. -340 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== DR. BINDU SINHA @ BINDU SINHA, w/o Uday Kumar, resident of village- Juri Nawadih, P.S.- Bakey Bazar, District- Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Aurangabad (Town) P.S. Case No.340 of 2016 instituted for the offence under Section(s) 304 Indian Penal Code.

It is alleged that the sister of the informant, namely, Baby Devi, along with her mother and Gotani was going to Sadar Hospital for her abortion and when they reached near Dharamshala More on old GT Road, her villager Mritunjay Mehta met her and suggested her to get the abortion done from Dr. Bindu Sinha (petitioner). They went there and her abortion was done by the said doctor at 12.00 Noon, but during the course of abortion she died.

It has been submitted that no chit of paper has been filed in support of assertion that this petitioner had performed the

Patna High Court Cr.Misc. No.1198 of 2017 (2) dt.13-01-2017 2/2 abortion of sister of the informant. It has further been submitted that the petitioner is not at all the doctor and nothing has been filed either before the police or before the Court in support of her to be a doctor.

Be that as it may, from the written report itself it appears that the sister of the informant met one Mritunjay Mehta while she was going for abortion in Sadar Hospital and on his advice she came to the petitioner, who performed abortion and she died, but as mentioned above, no chit of paper has been filed to support this submission that abortion was performed by this petitioner. The petitioner is a lady and is in custody since 16.11.2016.

In the circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Town) P.S. Case No.340 of 2016, subject to the conditions that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T