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Patna High Court

Brajesh Kumar @ Dr. Brajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a fixed deposit of Rs.1,50,000 for the child and specified bail conditions.

Summary

The petitioner, Brajesh Kumar, a nursing staff member, was arrested in connection with the death of a pregnant woman who died after being transferred between hospitals. The prosecution alleged that the petitioner, claiming to be a doctor, was responsible for the death under Section 105 of the Bihar Nursing Service Act. The petitioner contended he only assisted as nursing staff and that the operation was performed by a specialist, and he offered to deposit Rs.1,50,000 as a fixed deposit for the newborn child. The High Court, considering his lack of criminal antecedent and the circumstances, granted anticipatory bail under Section 438(2) of the Cr.P.C., subject to a fixed deposit for the child and several bail conditions. The Court also directed the district authorities to issue a birth certificate, ensure free education and healthcare for the child, and recorded the failure of the district administration to regulate unregistered nursing homes.

Issues considered

  • Whether the petitioner is liable under Section 105 of the Bihar Nursing Service Act for the death of the pregnant woman.
  • Whether anticipatory bail can be granted under Section 438(2) of the Criminal Procedure Code in view of the allegations.
  • Whether the petitioner’s claim of being only a nursing staff and not performing the operation negates criminal responsibility.

Legislation cited

Subjects

  • anticipatory bail
  • Section 105
  • Section 438
  • medical negligence
  • unregistered nursing home
  • fixed deposit for child
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44389 of 2025
                    Arising Out of PS. Case No.-89 Year-2025 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Brajesh Kumar @ Dr. Brajesh Kumar Yadav Son of Shankar Yadav @
                 Shankar Dayal Singh Resident of Village - Khesar, P.O.- Deo, P.S.-
                 Madanpur, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   13-02-2026                  One after another, the same tragic story continues to

                   emerge. A pregnant woman enters a so-called nursing home

                   with hope and expecting to see her child soon but the family

                   is forced to return home not with joy, but with her dead body.

                   It seems that young married lady in the small places are

                   signing their death warrants when they announce respective

                   their pregnancy.

                                2. The unregistered nursing homes with fancy

                   names extend all kind of promises while presenting

                   themselves as specialist hospital. However, they even lack

                   basic medical facilities and qualified staffs. Their negligence

                   and inadequate infrastructure are costing innocent young

                   women their lives. What should be a moment of celebration is
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
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          turning into a heartbreaking loss for families.

                       3. Heard Mr. Krishna Prasad Singh, learned Senior

          counsel for the petitioner and the Mr. Jitendra Kumar Singh

          representing the State.

                       4. The petitioner is apprehending his arrest in

          connection with Madanpur P.S. Case No. 89 of 2025 for the

          offence under section 105 of the BNS lodged on 23.02.2025

          by the informant, Waris Ahmad.

                       5. As per the prosecution story, the informant

          alleged that on 22.02.2025, his wife, Najma Khatoon who

          was in the advanced stage of pregnancy was taken to the

          Emergency Health Care Hospital in the district of

          Aurangabad. Further, on the advice of the person (petitioner

          herein) who claimed himself to be a Doctor, she was operated

          upon and a female child came in this world. Thereafter, the

          lady needed blood transfusion, the Nursing Home raised its

          hands, she was rushed to Gaya and finally, admitted to Blue

          Diamond Hospital, Patna where she breathe her last. This

          led to the FIR.

                       6. Learned Senior counsel for the petitioner submits

          that the petitoner is/was a nursing staff in the said Hospital.

          The lady was operated upon by a specialist (Dr. Praveen
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          Kumar) and for want of blood transfusion, her condition

          deteriorated. She was rushed to other hospital and the death

          did not took place at his hospital. The further submission is

          that he has no criminal history and the last submission is that

          on his own and for the future of the newly born baby child,

          the petitioner intends to deposit Rs. 1,50,000/- as fixed

          deposit.

                       7. Learned APP, Mr. Jitendra Kumar Singh opposes

          the prayer submitting that even the petition shows that he

          claims himself to be Doctor and as such, the petitoner cannot

          exonerate himself from the responsibility of the death death of

          a healthy lady.

                       8. The unfortunate story has already been recorded

          above and needs no repetition. The authorities sitting in the

          district are allowing these un-registered Nursing Homes to

          flourish while the citizen are suffering. Clearly, the

          accountability of the District Official is/are missing. The

          result, the child will never see the face of her mother.

                       9. Coming to the case in hand, taking into account

          the submissions put forward by the learned Senior counsel

          that the petitioner claims himself to be a nursing staff, is not

          the person who operated the deceased lady rather the
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          operation took place under Dr. Praveen Kumar and has no

          criminal antecedent, in that background, this Court is inclined

          to extend him the privilege of anticipatory bail subject to the

          payment of Rs. 1,50,000/- by way of fixed deposit to the

          infant child as undertaken by the petitioner.

                       10. The amount of Rs. 1,50,000/- shall be deposited

          in the form of fixed deposit issued by the State Bank of

          India local Branch in the name of the child with all details

          which will be en-cashed by the said child only after she

          attains sixteen years of age for her higher education. The

          Chief Manager of the State Bank of India shall incorporate

          in the certificate itself that in view of the order of Patna

          High Court in Cr. Misc. No. 44389 of 2025, it can be en-

          cashed only after the child attains sixteen years of age.

                       11. The concerned Court where the petitioner will

          be submitting the fixed deposit certificate of Rs. 1,50,000/-

          shall satisfy himself/herself that all the facts have been

          correctly incorporated on the said certificate issued by the

          SBI.

                       12. If the birth certificate of the child has not been

          issued, the concerned Sub Divisional Officer, Aurangabad

          shall ensure that the same is immediately issued to the child
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          so that the fixed deposit certificate is prepared in time.

                       13. Let the petitioner be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

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

          satisfaction of learned C.J.M., Aurangabad in connection with

          Madanpur P.S. Case No. 89 of 2025 subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive dates without plausible reason will entail

          cancellation of his bail bond by the Trial Court itself;

                       (iii) the petitioner shall be appearing before the

          Police Station as and when required for cooperating in the

          investigation;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
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                       (v) the petitioner shall desist from committing any

          criminal offence again, failing which the State shall be at

          liberty to take steps for cancellation of his bail bonds.

                       14. Having passed the order, this Court has to record

          the failure of District Administration in keeping a tab on the

          unregistered Nursing Homes resulting into the unfortunate

          death and as such, they cannot shrug of their responsibility. In

          that background, this Court further directs:

                                       “(i)          the      Sub-Divisional   Officer,

                          Aurangabad shall ensure that the appropriate

                          authority issues birth certificate to the child, if it

                          has not been issued;

                                       “(ii)           the      District   Magistrate,

                          Aurangabad to see to it that the Sub-Divisional

                          Officer, Madanpur issues education certificate to

                          the child ensuring free education to her in the

                          district once she joins the school;

                                       (iii)         the     Civil   Surgeon-cum-Chief

                          Medical Officer, Aurangabad shall be issuing

                          medical certificate ensuring free health care to

                          the child in the said district.”

                       15. The entire facts shall be incorporated in the
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                    affidavit to be filed on behalf of the District Magistrate,

                    Aurangabad and the Civil Surgeon-cum-Chief Medical

                    Officer, Aurangabad through Mr. Jitendra Kumar Singh,

                    learned APP.

                                 16. List this case under the heading “To be

                    Mentioned” on 03.04.2026.

                                 17. Let the name of Mr. Jitendra Kumar Singh

                    appear in the cause-list.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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