Dr. Anuradha Sinha @ Anuradha Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31698 of 2017 Arising Out of PS.Case No. -211 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Dr. Anuradha Sinha @ Anuradha Sinha, wife of Dr. Sanjeev Kumar,

2. Dr. Sanjeev Kumar @ Sanjeev Kumar, son of Late Dr. B.K. Shrivastav, Both R/o Sahyog Nursing Home, Rambagh Road, Line Bazar, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Sri N.K. Agrawal, Sr. Advocate. For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard Sri N.K. Agrawal, learned Senior Counsel for the petitioners.

The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 211 of 2017 registered under Sections 341, 323, 326, 307, 406, 420, 506 read with Section 34 of the Indian Penal Code.

Learned Senior Counsel for the petitioners submits that the petitioners are doctors and also wife and husband respectively, who are running their Nursing Home. The wife of the informant was admitted in the Nursing Home; she delivered an alive male child, however, in course of operation it was found necessary to remove Uterus as well as Ovaries. The only allegation of the informant is that while consent was taken for

Patna High Court Cr.Misc. No.31698 of 2017 (2) dt.13-07-2017 2/2 removal of Uterus but no consent was taken for removal of Ovaries. The submission is that while the condition of the patient is precarious and it necessary to save the life, formality of consent required in the present case would be deemed to be there. Learned senior counsel further submits that in any view of the matter as the petitioners are ready and willing to cooperate in the investigation there is no need of their custodial interrogation. No one appears for the State.

In the facts and circumstances of the case, let the petitioners, named above, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, be enlarged on bail on their furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 211/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Dilip, AR U T