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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89807 of 2025

Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)

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Dr. Kavita Kumari @ Kavita Kumari D/o- Sudama Singh Village- Akorhi PS-

Mohania District- Kaimur Bhabhua Work Place Address Jay Maa

Mundeshwari Hospital PS-Mohania District- Kaimur Bhabhua

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate

Mr. Saket Kumar Singh, Advocate

For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 28-01-2026 Yet another unfortunate case has come to this Court,

though in the State of Bihar, it has become a regular feature. A

young pregnant woman visits a private Nursing Home

anywhere in the State to deliver a child, her eyes filled with

joy. The unregistered private Nursing Homes make the parents

bleed through their noses showing them moon while charging

hefty sum. However, the fact remains that it lacks even the

basic necessities/equipments, forget the presence of a

Specialist/Doctor.

2. The result is that post delivery, alongwith the

child, the parents carry the lifeless body of the young lady on

the stretcher while walking out of the Hospital. Meanwhile,

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the District Administration and the office of the Civil Surgeon

of the said district look the other way.

3. Heard Mr. Krishna Prasad Singh, learned Senior

counsel for the petitioner and Mr. Jitendra Kumar Singh,

learned APP.

4. The petitioner is apprehending arrest in

connection with Mohania P.S. Case No. 715 of 2025 for the

offence under section 105 of the BNS lodged on 20.08.2025

by the informant, Chandan Singh

5. As per the FIR, the informant’s husband, Chandan

Singh alleged that his wife, Shweta Kumari (since deceased)

had labour pain, was taken to the Maa Mundeshwari

Hospital, G.T. Road, Mohania belonging to this petitioner.

Later, the petitioner called another Doctor who came on a

vehicle (the registration number recorded in the FIR). The

lady was operated and the child delivered but she died in the

process. The Nursing home was unregistered. This followed

the FIR.

6. Learned Senior counsel for the petitioner submits

that a perusal of the FIR would show that the delivery took

place through a Doctor who came in a vehicle, his name has

come up as Doctor Saroj Kumar. This petitioner is actually a

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Nurse but only to implicate, the Doctor word has been affixed

with her name. She further has no criminal antecedent and the

last submission is that to show her bona fide and for the future

of the newly born baby child who arrived in this world but

will never see the mother, the petitioner intends to deposit Rs.

1,00,000/- as fixed deposit.

7. Learned APP, Mr. Jitendra Kumar Singh opposes

the prayer submitting that the unregistered Nursing Home is

being run by the petitioner where unfortunate death took place

and as such, she cannot escape the responsibility.

8. As recorded above, the unregistered/illegal

Nursing Homes are flourishing in the State of Bihar. The Civil

Surgeon-cum-Chief Medical Officers of the districts have

allowed said Nursing Homes to function. They never collect

data of their district to know how many young women left this

world due to such criminal negligence on the part of the

unregistered Nursing Homes.

9. However, in the present case, since the stand is

that she is serving as Nurse, the operation took place through

Dr. Saroj Kumar and she has no criminal antecedent, in that

background, this Court is inclined to extend her the privilege

of anticipatory bail subject to the payment of Rs. 1,00,000/- to

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