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Patna High Court

Dr. Kavita Kumari @ Kavita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the petition in Cr. Misc. No. 20153 of 2026, extending the surrender period by four weeks, and consigned Cr. Misc. No. 89807 of 2025.

Summary

Dr. Kavita Kumari filed two criminal miscellaneous petitions against the State of Bihar. In petition No. 89807 of 2025, the Civil Surgeon submitted a supplementary counter‑affidavit apologising for earlier statements and indicated that action had been taken against erring hospitals and nursing homes in Kaimur district, urging the State and the Civil Surgeon to implement remedial measures to prevent future deaths of women in nursing homes. In petition No. 20153 of 2026, the petitioner narrated facts showing a delay in her surrender before the court. The High Court, after hearing counsel, allowed the petition in No. 20153, extending the surrender period by four weeks, while consigning the petition in No. 89807. The order reflects the court’s direction for the authorities to take corrective steps and provides the petitioner additional time to surrender.

Issues considered

  • Whether the State Government and the Civil Surgeon should be directed to take remedial steps against erring hospitals and nursing homes in Kaimur district
  • Whether the petitioner’s delayed surrender warrants an extension of the surrender period

Subjects

  • medical negligence
  • hospital regulation
  • civil surgeon
  • state government
  • remedial steps
  • surrender extension
  • criminal miscellaneous petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20153 of 2026
                                             In
                             CRIMINAL MISCELLANEOUS No.89807 of 2025
                 Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Dr. Kavita Kumari @ Kavita Kumari D/O Sudama Singh R/O Village-
                 Akorhi, P.S.- Mohania, District- Kaimur, Work Place Address- Jay Maa
                 Mundeshwari Hospital, P.S.- Mohania, District- Kaimur, Bhabhua

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 89807 of 2025
                 Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 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
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 20153 of 2026)
                 For the Petitioner/s     : Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 89807 of 2025)
                 For the Petitioner/s     : Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   10-04-2026                 Heard Mr. Saket Kumar Singh, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Singh, learned APP beside

                   Mr. Shadwal Harsh, AC to GP-2.

                               2. The supplementary counter-affidavit (in Cr. Misc.

                   No. 89807 of 2025) has been filed by the Civil Surgeon and he
          Patna High Court CR. MISC. No.20153 of 2026(5) dt.10-04-2026
                                                      2/2




                    has submitted apology for the earlier statement made in the

                    counter-affidavit. Further, the document on record shows that

                    action has been taken against the erring Hospitals/Nursing

                    Homes in the District of Kaimur.

                                 3.   In     that    background,         expecting   the   State

                    Government as also the Civil Surgeon-cum-Chief Medical

                    Officer, Kaimur at Bhabua to take remedial steps so that another

                    woman comes out of the Nursing Home with her new born child

                    in future and not her dead body, the Cr. Misc. No. 89807 of

                    2025 stands consigned.

                                 4. So far as the Cr. Misc. No. 20153 of 2026 is

                    concerned, the facts have been narrated by the petitioner which

                    delayed her surrender before the concerned Court, In that

                    background, the Cr. Misc. No. 20153 of 2026 stands allowed.

                                 5. The period of surrender is further extended by four

                    weeks from today.



                                                    (Rajiv Roy, J)
Adnan/-

U


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