Punita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30488 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -NANHPUR District- SITAMARHI ====================================================== Punita Devi, Wife of Shankar Rai @ Shiv Shankar Prasad Yadav, Resident of village- Banaul, P.S.- Nanpur, District- Sitamarhi, at present (Nurse), Add. P.H.C. Rajpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends her arrest in connection with a case registered under Sections 315, 316/34 of the Indian Penal Code.
Allegation in brief is that the informant brought her pregnant sister to Primary Health Centre for delivery but the doctor was not present and did not turn up, therefore, the informant takes his sister in a private Nursing Home where a dead child was born. The doctor of the private clinic says that earlier the abdomen of the pregnant lady was forcibly pressed for delivery purpose as well as her internal organ.
It is submitted that the petitioner is A.N.M. of the said Public Health Centre so no any treatment was done by her for
Patna High Court Cr.Misc. No.30488 of 2017 (2) dt.07-07-2017 2/2 delivery. The doctor did not turn up, therefore, the informant had taken his sister to the private clinic where a dead baby was born and the allegation is informant waited for doctor but when doctor did not turn up then went to a private clinic. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, namely, Punita Devi be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Pupari, Sitamarhi in connection with Nanapur P.S. Case No.89 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arun Kumar, J) N.H./- U T