← Library
Patna High CourtCR. MISC./55953/2017bail granted

Punita Kumari v. The State Of Bihar

2017-12-01Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55953 of 2017 Arising Out of PS.Case No. -563 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Punita Kumari, Wife of Ram Gyan Singh, Proprietor Om Krishna Nursing Home, Samir Nagar, Khagaria, P.S. Chitragupta Nagar, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 01-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Khagaria Chitragupta Nagar P.S. Case No.563 of 2017/G.R. No.2395 of 2017 registered under Sections 304 and 120B/34 of the Indian Penal Code.

The accusation is that the Block Development Officer, Khagaria, received information about the death of a pregnant lady on 20.08.2017 at Sadar Hospital, Khagaria and creating of nuisance there. Thereafter, he reached there and made query to Civil Surgeon, Khagaria, Deputy Superintendent of Sadar Hospital, Khagaria and Manager of the Sadar Hospital, Khagaria,

Patna High Court Cr.Misc. No.55953 of 2017 (2) dt.01-12-2017 2/3 then it was disclosed by the Nurse Indira Kumari that a pregnant lady had come to the hospital from Parbatta for delivery and their attendants were advised to get her admitted in the hospital after registration and she was admitted in the hospital. The Nurse Indira Kumari asked the attendants of the pregnant lady to go to her on a bed in a Delivery Ward. After that, the pregnant lady was searched in the Delivery Ward but she could not be traced out. Due to that reason, the pregnant lady could not be treated at the Sadar Hospital, Khagaria. It was also detected that Usha Devi, Sharda Devi, Sarojni Devi alias Sri Devi, Vina Devi, Rinku Devi and Manju Kumari use to do the work of brokers and advice the patient to get admitted in Private Nursing Home. It was also detected that Dr. Punam Kumari, Dr. Punita Kumari (petitioner) and Dr. S.K. Bharti use to run the Nursing Homes and the brokers used to take the patient to their Nursing Homes for which they are paid 20% commission.

Learned counsel for the petitioner submits that the petitioner used to run the Nursing Home on taking the license from the Civil Surgeon, Khagaria in the name of Om Krishna Nursing Home but with an ulterior motive, the petitioner has falsely been implicated in this case indulging her in getting the patient admitted to the Nursing Home through broker.

Patna High Court Cr.Misc. No.55953 of 2017 (2) dt.01-12-2017 3/3 Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria. in connection with Khagaria Chitragupta Nagar P.S. Case No.563 of 2017/G.R. No.2395 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T