Rozy Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42767 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Rozy Kumari, W/o Sri Chetan Kumar, Resident of Ward No. 14 Chakhusaini, P.S.- Mithanpura, District Muzaffarpur, at present R. C. Health Care Hospital, Bela P.S.- Bela, District -Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr. Shivam, Advocate Ms. Sushmita Mishra, Advocate Ms. Kajal, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Bela (Audyogik) P.S. Case No.12 of 2026 registered under Section 105 of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, the wife of the informant died in R.C. Health Care Hospital, Muzaffarpur, where she was admitted in connection with delivery related issues. The petitioner alleged to involved in negligence being Manager of the M/s R.C. Health Care Hospital.
Patna High Court CR. MISC. No.42767 of 2026(2) dt.07-07-2026 2/3
4. Mr. Ajay Kumar Thakur, learned counsel appearing for petitioner submitted that the wife of the informant died during operation, where admittedly the consent was given. It is submitted that there is no allegation of negligence either against doctor or hospital. It is submitted that this petitioner was implicated only being the owner and Manager of M/s. R.C. Health Care Hospital. The petitioner is a lady of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as the allegation of negligence prima facie not appears available against Hospital and its management, where implication of this petitioner prima facie appears only being Manager/Proprietor of M/s. R.C. Health Care Hospital, accordingly, the petitioner, above-named, who is a lady of clean antecedent, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.42767 of 2026(2) dt.07-07-2026 3/3 learned Judicial Magistrate, First Class, Muzaffarpur in connection with Bela P.S. Case No.12 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T