Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39632 of 2018 Arising Out of PS.Case No. -35 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Munni Devi w/o Madan Kumar Manjhi, r/v-Hamidpur, P.S. - Baikunthpur, Distt- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushil Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2018 Heard both sides.

The petitioner apprehends her arrest in Baikunthpur P.S. Case No. 35/2017, G.R. No. 536/17, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code. The informant alleged that he took his wife to Baikunthpur Government Hospital, but the doctor referred his wife to Sadar Hospital Gopalganj. Sunil Manjhi @ Sunil and Ranjeet persuaded him to take his wife to Nursing Home of Dr. Anil Kumar Singh, Dr. Ravi Ranjan and Dr. D.K. Choudhary running in the house of Nagendra Tiwary. The wife of the informant died due to negligence of the doctor.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Name of the petitioner figured

Patna High Court Cr.Misc. No.39632 of 2018 (2) dt.10-07-2018 2/2 in the case during the course of investigation, as a Nurse of the Hospital. There is no allegation against the petitioner. Sunil Manjhi @ Sunil has already been granted anticipatory bail. Ranjeet Kumar who is said to have persuaded the informant to take his wife in the said Nursing Home has also been granted regular bail.

Considering the facts aforesaid and the fact that petitioner is not named in the F.I.R., no allegation has been made against her and petitioner is a lady, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Gopalganj in connection with Baikunthpur P.S. Case No. 35/2017, G.R. No. 536/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Vinita/- U T