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Patna High CourtCR. MISC./2862/2018dismissed

Kaushalya Devi v. The State Of Bihar

2018-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2862 of 2018 Arising Out of PS.Case No. -599 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Kaushalya Devi, W/o Dadan Singh, R/o Village- Orgain, P.O.- Ora, P.S.- Bhagwanpur, District- Kaimur at Babhua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Lal, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Bhabhua P.S. Case No.599 of 2017 instituted for the offence under Section(s) 420, 312, 313 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Kaimur at Bhabhua. Allegation against the petitioner is that she being Asha Worker induced the informant and got her admitted in Hari Om Private Hospital, which was in front of Sadar Hospital, to earn commission, and got her aborted through unqualified Dr. Rishikant Gupta and unqualified nurse as mentioned in the written report. The informant started bleeding and seeing her condition, she was brought to Sadar Hospital, Bhabhua, from where she was referred to BHU, Varanasi, by Dr. Abhilasha

Patna High Court Cr.Misc. No.2862 of 2018 (5) dt.27-02-2018 2/2 Chandra of Sadar Hospital, but she was again brought to Hari Om Hospital @ Ranjan Hospital, where she was treated by untrained nurse in the Operation Theater. When the informant gave written report to the Police Station, then all the staff of the Hospital fed away.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T