Patna High CourtCR. MISC./81963/2019bail granted

Annu Kumari v. The State Of Bihar

2019-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81963 of 2019 Arising Out of PS. Case No.-363 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== ANNU KUMARI Wife of Sunil Kumar Resident of Village - Betwariya, P.O. and P.S.- Kateyan, Distt - Gopalganj presently posted as A.N.M (Auxilariy Nurse Wifery), Panchdeuri, P.H.C., P.O. and P.S.- Kateyan, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Gupta For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 323, 504, 304 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that due to negligence of the accused persons, the daughter of the informant died in course of treatment at Primary Health Centre. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is ANM at Primary Health Centre. During the delivery, the mother of the child could not survive

Patna High Court CR. MISC. No.81963 of 2019(2) dt.18-12-2019 2/2 due to negligence on the part of the petitioner. The allegation made in the F.I.R. is denied by the petitioner. The petitioner had no intention or knowledge to commit such offence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XV, Gopalganj in connection with Kateya Case No. 363 of 2019, G.R. No. 3294/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T