Dr. Jagriti Devi @ Jagriti Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10737 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Dr. Jagriti Devi @ Jagriti Kumari W/o Dr. Pintu Jha @ Pintu Kumar,

2. Dr. Pintu Jha @ Pintu Kumar S/o Anand Kumar Thakur, Both 1 and 2 R/o Village- Kaithiniya, O.P.- Jhanjharpur R.S., P.S.- Lakhnaur, DistrictMadhubani. .... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Anil Kumar Jha, Sr. Advocate. Mr. Lakshmindra Kumar Yadav, Adv.

Mr. Prabhu Narayan Prabhakar, Adv.

For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 The petitioners are apprehending his arrest in connection with Lakhnaur (R.S. O.P.) P.S. Case No. 162 of 2017, registered for offences punishable under Sections 304/34 of the Indian Penal Code.

Allegation against the petitioners, who are doctors is of negligence in treatment of pregnant daughter in law of the informant, who died.

It has been submitted on behalf of the petitioners that at best it can be a case of negligence and no criminal liability is made out against the petitioners, who happens to be doctor and this instant case has been filed by the informant at the instance of the

Patna High Court Cr.Misc. No.10737 of 2018 (2) dt.27-02-2018 2/3 doctor of referral hospital.

Heard learned A.P.P. alos.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM -1st, Jhajharpur, District - Madhubani, in connection with Lakhnaur (R.S. O.P.) P.S. Case No. 162 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.10737 of 2018 (2) dt.27-02-2018 3/3 prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T