Sulochana Devi @ Sulochana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30554 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== SULOCHANA DEVI @ SULOCHANA KUMARI W/o Umesh Kumar Resident of Village- Bhawani Bigha, P.O. and P.S.- Kashi Chak, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shosal Kumar S/o Dharmendra Ram Resident of Village - Rebra, P.S. - Kashichak (Shahpur O.P.), District - Nawada.

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

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304, 418, 419 and 436/34 of the Indian Penal Code and Section 15(2)(D) of the All India Medical Council Act, 1956.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant alleges that his wife was pregnant and was referred to Nawada by the Doctors of PHC, Kashichak on 07.02.2021 but petitioner Asha Worker allured the informant

Patna High Court CR. MISC. No.30554 of 2022(3) dt.22-12-2022 2/3 and said that the medical condition of his wife and child was serious and it will take time to go to Nawada and that she can get the child delivered as she runs a hospital. Accordingly, on 08.02.2021, his wife was brought to the hospital referred by the petitioner where one person came and the said person along with the petitioner got the child delivered but condition of his wife deteriorated on which petitioner asked him to take her to a higher centre but his wife died.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that informant on his own volition had brought his wife to the centre where the child was delivered. It is next submitted that petitioner being a Asha Worker was not working in that centre but was known to the Doctors who runs the centre. It is also submitted that on intervention of the well wishers the informant and the petitioner have compromised the case.

Learned counsel appearing on behalf of the informant does not dispute the said fact that a compromise has been arrived in between the parties.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.30554 of 2022(3) dt.22-12-2022 3/3 event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kashichak P.S. Case No. 28 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T