Sita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64961 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== SITA KUMARI Wife of Sri Bhagwan Singh Resident of Village - Manauli, P.S.- Nasriganj, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending her arrest in connection with Karakat P.S.Case No.195 of 2019 , registered for offences punishable under Sections 304/34 of the Indian Penal Code. As per FIR, it is said that the wife of the informant was pregnant and she was expected a baby, as such was taken to the hospital but later on she was taken to the Clinic run by this petitioner and during delivery she died due to excess bleeding. Submission of the learned counsel for the petitioner is that at best it is a case of negligence and the petitioner is ready to abide any any condition imposed upon her.

On the other hand the learned APP and the learned counsel for the O.P.no.2 (informant) who has appeared suo

Patna High Court CR. MISC. No.64961 of 2019(3) dt.08-11-2019 2/2 motu has submitted that she has no licence to runt he clinic. Heard learned A.P.P. also.

Having heard both sides and considering the fact that as there is no allegation that she has forcibly brought the patient at her hospital, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj District Rohtas in connection with Karakat P.S.Case No.195 of 2019 dated 25.7.2019, subject to conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T