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Patna High Court

Dr. Shyama Kumari @ Shyama KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any specific caste‑based allegation, the appellant is entitled to pre‑arrest bail and the trial court's order denying bail is set aside.

Summary

Dr. Shyama Kumari, a medical practitioner, was charged with negligence and alleged misbehaviour during a uterine operation, leading to a complaint under several IPC provisions and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. She appealed the trial court's refusal to grant pre‑arrest bail, invoking Section 14(A)(2) of the SC/ST Act. The High Court examined the FIR and found no allegation that she used the complainant's caste name nor any ingredient of Sections 3(1)(v) or 3(1)(r) of the SC/ST Act. Consequently, the court held that the trial court's order denying bail was untenable, quashed it, and directed her release on pre‑arrest bail subject to standard conditions. The appeal was allowed.

Issues considered

  • Whether the allegations against Dr. Shyama Kumari constitute an offence under Sections 3(1)(v) and 3(1)(r) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the trial court was justified in rejecting the pre‑arrest bail application under Section 14(A)(2) of the SC/ST Act.
  • Whether the bar under Section 18 of the SC/ST Act applies to the present case.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST Act
  • medical negligence
  • caste discrimination
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4069 of 2025
                 Arising Out of PS. Case No.-168 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Dr. Shyama Kumari @ Shyama Kumari W/O Dr. Randhir Kumar R/O-
                 Loknathpur Ganj, P.S.- Dalsingh Sarai, Distt.- Samastipur

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sonu Kumar Paswan S/O Suresh Paswan R/O Dhepura, ward 28, P.S.-
                 Dalsingh Sarai, Distt.- Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mrs. Priyanka Singh, Advocate
                 For the O.P. No. 2       :      Mr. Mahendra Pratap, Advocate
                 For the State            :      Mrs. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   16-04-2026                         Heard Mrs. Priyanka Singh, learned counsel

                   appearing on behalf of the appellant; Mr. Mahendra Pratap,

                   learned counsel for OP No.2 and Mrs. Usha Kumari 1, learned

                   Spl. PP for the State.

                                2. The appellant has preferred the present appeal

                   under Section 14(A) (2) of Scheduled Caste and Scheduled

                   Tribes (Prevention of Atrocities) Act against the rejection of

                   prayer for pre-arrest bail, vide order dated 28.08.2025 passed by

                   the learned Special Judge- SC/ST Act, Samastipur in ABP

                   No.1298 of 2025 arising out of Dalsingh Sarai P.S. Case No.168

                   of 2025, registered for the offences under Sections 125, 109(1),

                   352, 3(5) of the BNS and Sections 3(1)(v) and 3(1)(r) of SC/ST
Patna High Court CR. APP (SJ) No.4069 of 2025(4) dt.16-04-2026
                                             2/4




          Act.

                       3. As per the allegations made in the FIR, the

          appellant, who is a doctor, is accused of providing negligent and

          improper treatment during a uterine operation at Sakshi

          Hospital, as a result of which the informant’s wife developed

          serious complications and had to be referred to AIIMS, Delhi. It

          is further alleged that the doctors had misbehaved with the

          informant.

                       4. Learned counsel appearing on behalf of the

          appellant submitted that the appellant is innocent and has falsely

          been implicated in the present case. Charge-sheet has been

          submitted in the present case. She further submitted that there is

          no ingredients of Section 109(1) of the BNS. The appellant is a

          registered and reputed medical practitioner and she had properly

          treated the wife of the informant, who was discharged in healthy

          condition on 05.10.2024. After her discharge, the informant and

          his brother had started demanding four lakh rupees and upon

          refusal, they had falsely instituted the present case with malafide

          intention. Learned counsel further submitted that the appellant

          had not taken caste name of the informant in public view and no

          offence under the provision of SC/ST Act is made out against

          her. Other co-accused, namely, Dr. Randhir Kumar has already
Patna High Court CR. APP (SJ) No.4069 of 2025(4) dt.16-04-2026
                                             3/4




          been released on bail by this Court vide order dated 12.02.2026

          passed in Criminal Appeal (SJ) No. 4501 of 2025. In absence of

          any specific allegation, appellant seeks to be released on pre-

          arrest bail.

                       5. Learned counsel appearing on behalf of the O.P.

          No. 2 and learned Spl. P.P. have vehemently opposed the prayer

          for grant of pre-arrest bail to the appellant.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, from bare perusal of the FIR, it appears

          that no caste name has been taken by the appellant and in

          absence of ingredients of Sections 3(i)(v) and 3(i)(r) of the

          SC/ST (POA) Act and the allegation alleged against the

          appellant being general and omnibus bar of Section 18 of SC/ST

          Act will not come in way. Other co-accused, namely, Dr.

          Randhir Kumar has already been released on bail by this Court

          vide order dated 12.02.2026 passed in Criminal Appeal (SJ) No.

          4501 of 2025. In such circumstances, the impugned order dated

          28.08.2025 is quashed and set-aside.

                       7. In absence of specific allegation against the

          appellant, the learned Trial Court is directed to release the

          appellant, above named, on pre-arrest bail, in the event of her

          arrest or surrender before the learned court below within a
              Patna High Court CR. APP (SJ) No.4069 of 2025(4) dt.16-04-2026
                                                           4/4




                        period of four weeks, on furnishing bail bond of Rs.10,000/-

                        (Ten Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned District Court where the case is

                        pending in connection with ABP No.1298 of 2025 arising out of

                        Dalsingh Sarai P.S. Case No.168 of 2025, subject to the

                        conditions as laid down under Section 482 of the BNSS.

                                     8. Accordingly, the present appeal is allowed.



                                                   (Purnendu Singh, J)
Niraj/-

U         T


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