Patna High Court
Krishn Kumar @ Krishn Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the appellants.
Summary
The appellants, Krishn Kumar, Sarswati Devi and Ranjit Kumar, were implicated in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for the death of a pregnant woman, Manisha Kumari, and her still‑born child, alleged to have occurred at an illegal nursing home operating in collusion with the accused. The appellants contended they had clean antecedents, were not doctors, and were falsely implicated, while the State argued that many unregistered nursing homes exist, no documentary proof of legal compliance was presented, and the matter required further investigation. The appellants sought anticipatory bail under Section 14‑A(2) of the SC/ST Act. The Special Public Prosecutor opposed the bail, emphasizing the seriousness of the allegations and the lack of compliance with the Clinical Establishment Act. The High Court, after considering the submissions, declined to grant anticipatory bail, holding that the seriousness of the allegations and the need for investigation outweighed the appellants' claims.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14‑A(2) of the SC/ST Act in view of the allegations of illegal operation of a nursing home and the death of a pregnant woman.
- Whether the lack of documentary evidence of compliance with the Clinical Establishment Act justifies denial of anticipatory bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- illegal nursing home
- medical negligence
- scheduled caste
- scheduled tribe
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4762 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- BAHERI District- Darbhanga
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1. Krishn Kumar @ Krishn Kumar Ram S/o Late Ramesh Ram R/o Village -
Manorpur Bhouram, P.S - Biroul, District - Darbhanga
2. Sarswati Devi @ Sarswati Kumari W/o Dinesh R/o Village- Manorpur
Bhouram, P.S - Biroul, District - Darbhanga
3. Ranjit Kumar S/o Baiju Bhagat R/o Village and P.S - Baheri, District -
Darbhanga
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunil Manjhi S/o Sanjay Manjhi R/o Village - Manorpur Bhouram, P.S -
Biroul, District - Darbhanga
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 09-04-2026 1. Heard learned counsel for the appellants and
learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 30.10.2025 in SC/ST A.B.P. No. 13 of 2025 passed
by the learned Exclusive Special Judge, SC/ST (POA) Act,
Darbhanga in connection with Baheri P.S. Case No. 191 of 2025
registered under Sections 103(1), 318(4), 61(2) and 3(5) of the
BNS, 2023 as well as Sections 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4762 of 2025(5) dt.09-04-2026
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3. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and appellant no. 2 is a woman and the informant
alleges that his wife (Manisha Kumari) was pregnant and on
14.05.2025 she had labour pain, hence, she was given medicine
on advise of Aasha but the pain did not subside, hence, she was
taken to the PHC, Baheri from where she was referred to the
DMCH. Since the wife of the informant was suffering acute
pain in her chest after taking the medicine, hence, was taken to
Surya Clinic where Dr. Katar operated her and a stillborn child
was taken out but Manisha Kumari also died, accordingly, the
police came and on inquiry, it transpired that Surya Clinic was
operating illegally in connivance with Krishna Kumar, landlord
Ranjeet, Aasha Saraswati and Dr. Amit along with others and
the clinic is involved in extorting poor patients by operating
them.
4. Learned counsel appearing on behalf of the
appellants submits that appellants have been falsely implicated
in the instant case. It is further submitted that appellants run the
clinic but the operation was carried out by the Doctor. It is next
submitted that the allegation that the Nursing Home is operating
illegally is an exaggerated allegation.
Patna High Court CR. APP (SJ) No.4762 of 2025(5) dt.09-04-2026
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5. Learned Special Public Prosecutor for the State
opposes the prayer for anticipatory bail of the appellants and
submits that off late Nursing Homes in the State of Bihar have
mushroomed and they do not comply with the provisions of law
and occurrence of the nature as alleged is very common. It is
further submitted that there is no documentary evidence on
record to substantiate with regard to the establishment of the
Nursing Home i.e. whether the Nursing Home was established
in terms of the Clinical Establishment Act or not. It is next
submitted that what is not in dispute rather stands admitted is
that Manisha Kumari along with the child died. It is further
submitted that the case requires investigation and interrogation
of the accused persons.
6. At this stage, learned counsel appearing on behalf
of the appellants submits that appellants are not the Doctors on
which learned Special Public Prosecutor for the State submits
that the case of the Doctor would be considered when the same
will be brought before the Court.
7. Considering the submissions made by the learned
Special Public Prosecutor for the State, the Court is not inclined
to extend the privilege of anticipatory bail to the appellants in
connection with the aforesaid case.
Patna High Court CR. APP (SJ) No.4762 of 2025(5) dt.09-04-2026
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8. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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