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Patna High CourtCR. MISC./55792/2025bail granted

Mahima Kumari v. The State Of Bihar

2025-08-12Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55792 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== Mahima Kumari W/O Sri Ambuj Singh @ Jhunnu Singh R/O Village- Arjun Nagar Mudela Nepali Tola, P.S- Ramnagar, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ramnagar P.S. Case No. 291 of 2025 dated 17.05.2025, instituted for the offence punishable under Sections 103(1), 61(2)(a), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that wife of the informant had labour pain so he took her to the nearby hospital of Usha Singh, where Usha Singh and her son namely, Ambuj Singh and her daughter-in-law namely, Mahima Kumari (petitioner) together started doing the delivery of his wife, but due to delay, his wife started screaming with pain. When Dr. Usha was stopped by informant then she told her that so much work is done and they will not let the patient go to another

Patna High Court CR. MISC. No.55792 of 2025(2) dt.12-08-2025 2/3 place. Meanwhile, seeing the delay, Dr. Usha Singh, her son and daughter-in-law (petitioner) forcefully took out the baby due to which both mother and the infant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is the daughter-in-law of the main accused, Dr. Usha Singh. It is next submitted that house of the petitioner is not a clinic rather it is a residential house. It is further stated that neither the petitioner nor her mother-in-law possess any degree with regard to this profession. Petitioner has been made accused in this case only on the basis of suspicion. Lastly, it has been submitted that the petitioner is in custody since 06.06.2025, she has one criminal case against her and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran in Ramnagar P.S. Case

Patna High Court CR. MISC. No.55792 of 2025(2) dt.12-08-2025 3/3 No. 291 of 2025.

(Khatim Reza, J) sankalp/- U T