Fuljharo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70994 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== FULJHARO DEVI Wife of Bhuletan Sah @ Bhulatan Sah Resident of Village - Kanchanbigha, P.S.- Kachhawa, District- Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Karakat PS Case No.195 of 2019 , registered for offences punishable under Sections 304/34 of the Indian Penal Code. Petitioner happens to be ASHA worker and as per the FIR, allegation is that wife of the informant was feeling pain, she was taken by the petitioner to PHC and from there on the advice of the petitioner she was taken to Doctor Sita Kumari and during the delivery she died. Allegation is that due to negligence of the Doctor and the petitioner, wife of the informant died.
Submission of the learned counsel for the petitioner is that she is ASHA worker and in the good faith she had given
Patna High Court CR. MISC. No.70994 of 2019(2) dt.18-11-2019 2/2 suggestion. There is nothing specific against the petitioner that due to negligence she died.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, 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, Rohtas in connection with Karakat P.S.Case No.105/19 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