Patna High Court
Brajesh Kumar @ Dr. Brajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/7
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
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
3/7
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
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
4/7
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
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
5/7
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;
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
6/7
(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
Patna High Court CR. MISC. No.44389 of 2025(6) dt.13-02-2026
7/7
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
Checking your session…