Dr. Sudha Kumari @ Sudha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14322 of 2020 Arising Out of PS. Case No.-32 Year-2018 Thana- AMARPUR District- Banka ====================================================== DR. SUDHA KUMARI @ SUDHA KUMARI Wife of Dr. Pankaj Kumar @ Dr. Pankaj Kumar Suman Resident of Village - Shivpuri Colony, Ishakchak Bhagalpur, P.S.- Ishachak, District- Bhagalpur. At present residing at Amarpur Bazar Road, Amarpur, P.S.- Amarpur, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-06-2020 Heard Mr. N. K. Agrawal, the learned senior counsel for the petitioner and Mr. B. N. Pandey, the learned APP. The matter has been taken up through video conferencing.
The petitioner apprehends her arrest in Amarpur P.S. case No. 32/2018 registered under Section 304, 166B of the IPC and u/s 30 of Bihar Clinical Establishment Registration and Regulation Rules, 2013.
The informant, in sum and substance, alleged that his wife, during the period of pregnancy, was under treatment of Dr. Sudha Kumari, the petitioner. On 21.01.2018 his wife was examined and the doctor asked him to come on 22.01.2018 for delivery but on account of negligence of the doctor the child
Patna High Court CR. MISC. No.14322 of 2020(2) dt.12-06-2020 2/3 died and the mother was sent to Bhagalpur for treatment but the wife of the informant also died.
The learned senior counsel for the petitioner submits that petitioner is a qualified doctor and she was giving proper medicine to the patient. There is nothing on record to show that petitioner committed any negligence causing the death of the child and the mother.
The learned APP, however, opposed the prayer and submitted that Amarpur P.S. case Nos. 150/2016 and 151/2016 are pending against the petitioner and the petitioner appears to have negligent causing the death of the child and the mother but I find that petitioner is a qualified doctor and she also got experience and training in gynecology. There is nothing on record to show that petitioner committed any negligence causing the death of the child and the mother.
Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of her arrest/ 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 his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14322 of 2020(2) dt.12-06-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. case No. 32/2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T