Pushpa Kumari @ Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58520 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- SURYAPURA District- Rohtas ====================================================== Pushpa Kumari @ Pushpa Devi, Wife of Rajendra Singh Resident of Village - Barun, Police Station - Suryapura, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramashray Roy For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-10-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 105 and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and is in custody since 05.05.2025. It is next submitted that petitioner had earlier moved this Court seeking anticipatory bail by filing Cr Misc. No.23092 of 2025 and the same came to be rejected by an order dated 01.05.2025, thereafter the petitioner surrendered and she was taken in custody. It is submitted that while rejecting the anticipatory bail application of the petitioner, the case was considered on merit and in detail. It is also submitted that it is a case under Section 304 of the I.P.C. with an allegation that petitioner being nurse operated the wife of the informant leading to her death at the time of delivery when petitioner is not a nurse rather is a sweeper
Patna High Court CR. MISC. No.58520 of 2025(3) dt.31-10-2025 2/2 employed with the nursing home, but then, petitioner came to be implicated with false allegation. It is further submitted that chargesheet has been submitted and petitioner will not abscond rather will cooperate in the trial to prove her innocence.
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, abovenamed, is directed to be released on bail on her furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Bikramganj, Rohtas in connection with Sessions Trial Case No.259 of 2025 arising out of Suryapura P. S. Case No.09 of 2025.
6. The application stands allowed.
7. However, it is made clear that if the learned trial court comes to a conclusion that petitioner after her release is trying the delay the framing of charge or after framing of charge is trying to delay the trial in both the events, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) vikash/- U T