Dr. Smt. Shobha Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27043 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- BARH District- Patna ====================================================== Dr. Smt. Shobha Singh, wife of Sri Pawan Kumar Singh, resident of MohallaDhelwa Gosaie at Barh, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
For the Opposite Party/s :
Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2018 Heard learned Sr. Counsel for the petitioner, informant and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 304 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 01.03.2018 submitted by Bhaskar Jha to the Station House Officer, Barh Police Station is to the effect that on 01.03.2018 at 11.00 A.M. the informant took his daughter Kajal Kumari to the clinic of the petitioner since she was carrying pregnancy. It is alleged that the petitioner recommended and performed surgery on the daughter of the informant, who gave birth to a female child, but thereafter her condition got
Patna High Court Cr.Misc. No.27043 of 2018(2) dt.03-05-2018 2/3 deteriorated, when the petitioner advised the informant to take her daughter to Patna, but while she was being boarded in the ambulance she died.
It is submitted by learned counsel for the petitioner that the petitioner is having degree from the Indian Board of Alternative Medicines and she is running a maternity center in the name of M/s Maa Jagdamba Maternity Centre Pvt. Ltd, Barh. However, the petitioner never performed any surgery on the daughter of the informant, nor there is any documentary proof to that effect. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned Counsel for the informant that the petitioner is not qualified surgeon and due to her medical negligence, the daughter of the informant died.
Considering the rival submissions of the parties, since it is in dispute whether the petitioner performed surgery on the daughter of the informant, but even assuming the accusation, at best the case comes under the preview of Section 304A I.P.C. and is fully covered under the ratio laid down by the Hon'ble Supreme Court in the case of Jacob Mathew Vs. the State of Punjab and Anr., (2005) 6 SCC 1, coupled with statement made in paragraph no.
Patna High Court Cr.Misc. No.27043 of 2018(2) dt.03-05-2018 3/3 anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh in connection with Barh P.S. Case No.73 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T