Gudiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9643 of 2020 Arising Out of PS. Case No.-177 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== GUDIYA DEVI D/o Vijay Dubey @ Vijay Prakash Dubey R/o VillageTamkua, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in Dhanaha P.S. Case No. 177 of 2019 registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the Court of learned S.D.J.M., Bettiah, West Champaran.

The informant's daughter was five months pregnant. On 21.10.2019 at about 7 PM one Gudiya Devi came and told that we should go to Dr. Manjar Alam and she will be cured from all health issues. After reaching to the clinic , Dr. Manjar Alam started treatment. Till 22.10.2019 evening the condition of informant's daughter was goo, but

Patna High Court CR. MISC. No.9643 of 2020(3) dt.04-09-2020 2/3 after that she stopped talking and started hiccup. After that informant took her daughter to a Hospital in Kushinagar where she was declared to be dead.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is neither a doctor nor she has done any treatment of informant's daughter nor even she is connected with alleged health centre in any manner. It is also submitted that both the parties to the case have compromised the matter. Petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that from perusal of the case diary it appears that many eye-witnesses have supported the case against the petitioner, hence she does not deserve bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek

Patna High Court CR. MISC. No.9643 of 2020(3) dt.04-09-2020 3/3 regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T