Kamli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77882 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== KAMLI DEVI Wife of Dhiraj Pandit @ Dhiraj Pandey Resident of Village - Kala, P.S.- Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Laxmipur Police Station Case No. 290 of 2024, dated 30.08.2024, disclosing offences under Sections 319(2)/318(4)/105/352/351(2)/61 of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 28.08.2024, in the morning at about 11:00 AM, the informant had admitted his daughter, namely, Punam Devi, at Maa Durga Emergency Hospital for delivery. On 29.08.2024, the daugther of the informant died during delivery of child. It has further been alleged that the owner of the Hospital, namely, Dr. Manish Kumar, has

Patna High Court CR. MISC. No.77882 of 2025(2) dt.23-12-2025 2/3 operated upon his daughter without having a valid medical degree.

4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and during course of investigation, one of the co-villager has stated that the petitioner is a Asha Worker and used to refer patients to the hospital run by the Dr. Manish Kumar who is having no valid medical degree. He further submits that there is no allegation in the First Information Report stating that the petitioner had referred the informant's daughter for treatment in the hospital, in question, owned by Dr. Manish Kumar.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not named in the First Information Report and her name has transpired during course of investigation on the basis of statement made by covillager, the informant has not stated in the FIR that the petitioner had suggested for treatment of informant's daughter in the hospital, in question, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.77882 of 2025(2) dt.23-12-2025 3/3

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Fist Class, Jamui, in connection with Laxmipur Police Station Case No. 290 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T