Dr. Subhada Singh @ Dr. Shubhada Shivling Nanaware v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72186 of 2024 Arising Out of PS. Case No.-601 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Dr. Subhada Singh @ Dr. Shubhada Shivling Nanaware D/O-Naanewar Shivlingh Rajaram @ Shubhada Shivaling Nanawar Resident of 495-b Karaje Peth Near Jakat Naka Satara, P.S. -Satara, District-Satara (Maharashtra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard Sri Saroj Kumar Sharma, learned counsel for the petitioner and Sri Pramod Kumar Pandey, learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence under Sections 304, 336/34 of the Indian Penal Code and Section 16 of the Bihar Clinical Act, 2007.
3. In the F.I.R., the informant, who is also a Medical Officer in the Town Primary Health Centre, Bagaha, has alleged that due to improper treatment by this petitioner, one Sohan Sah was forced to take his wife to some other hospital, where the doctor has declared his wife dead.
4. Learned counsel for the petitioner submits that petitioner is a doctor, having qualification of M.D. Physician, MS - Obstetrics & Gynaecology. Learned counsel for the
Patna High Court CR. MISC. No.72186 of 2024(2) dt.04-10-2024 2/2 petitioner further submits that at best, it is a case of negligence. There is difference between negligence and criminal negligence. Only criminal negligence is punishable. Similarly situated coaccused Dr. Kamarujjama has been granted anticipatory bail by this Court, vide order dated 20.02.2024 passed in Cr.Misc. No. 8152 of 2024. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran / concerned Court in connection with Bagaha P.S. Case No. 601 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T