Dr. Rashika Sahay @ Rashika Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89345 of 2025 Arising Out of PS. Case No.-767 Year-2025 Thana- BIHTA District- Patna ====================================================== Dr. Rashika Sahay @ Rashika Sahay, W/O Rajeev Kumar R/O Sanjay Gandhi Nagar, Hanuman Nagar, Road No. 3 , Patrakar Nagar , Patna-800020, Bihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. P.N. Shahi, Sr. Advocate Mr. Bipin Bihari, Advocate For the State :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-02-2026 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends arrest in connection with Bihta P.S. Case No.767 of 2025 registered for the offence under section 105 of the B.N.S., 2023. 3.

The petitioner, who is a doctor, is alleged to have been negligent while performing the delivery of the daughter-in-law of the informant, during which, the child was saved but the mother died.

4.

Learned Senior Counsel for the petitioner submits that petitioner is a qualified M.B.B.S. doctor and has done her specialization in Gynecology and therefore, she was authorized to treat the patient. He further submits that the present F.I.R. has been lodged in complete violation of the law

Patna High Court CR. MISC. No.89345 of 2025(3) dt.26-02-2026 2/2 laid down by the Hon'ble Supreme Court in the case of Jacob Mathew vs. State of Punjab & Ors. reported as (2005) 6 SCC 1.

5.

Considering the aforesaid submissions of learned Senior Counsel for the petitioner and also the nature of allegation levelled against the petitioner, this application is allowed.

6.

Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, Patna / concerned Court below, in connection with Bihta P.S. Case No.767 of 2025, subject to the conditions laid down in Section 482 of the BNSS / 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) pawan/- U T