Patna High Court
Kiran DeviversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing the execution of a bail bond of Rs.10,000 with two sureties.
Summary
Kiran Devi, a nurse at Dr. Kundan Kumar's clinic, was arrested in connection with the death of a mother and her child during a delivery, alleged under sections 319(2), 318(4), 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed she, along with the doctor, attempted a normal delivery that failed, leading to the fatalities. The petitioner contended she was falsely implicated, noting that the FIR indicated the patient was taken to the doctor’s clinic, not to her. She had been in custody since 29 August 2025 and had no prior criminal record, with a chargesheet already filed. After hearing both sides, the court considered the nature of the allegations, the length of pre‑trial detention, and the filing of the chargesheet, and ordered that she be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under the Bharatiya Nyaya Sanhita for offences involving alleged medical negligence and death.
- Whether the length of pre‑trial detention and the filing of a chargesheet justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 318(4), 319(2), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- medical negligence
- false implication
- chargesheet
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75665 of 2025
Arising Out of PS. Case No.-373 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Kiran Devi W/O Hirday Paswan Resident Of Village- Pananiya, P.S.- Banke
Bazar, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sherghati P.S. Case no.
373 of 2025 registered under sections 319(2), 318(4), 105 and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that he took his wife who was in the family way for delivery of
the child to the clinic of one Dr. Kundan Kumar where the
petitioner was a nurse. It is stated that at the instance of the
Doctor and the petitioner, the Doctor made an attempt to carry
out a normal delivery and because of his incompetence, while
the child died, the mother and the child had to be taken to
another hospital for further treatment.
4. Learned counsel for the petitioner submits that the
petitioner who happens to be a help/nurse in the clinic has been
Patna High Court CR. MISC. No.75665 of 2025(4) dt.11-02-2026
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falsely implicated in the case. From the recital in the FIR itself, it
would be evident that the patient had been taken to the clinic of Dr.
Kundan Kumar and not the petitioner. The petitioner is in custody
since 29.8.2025 and has no criminal antecedent. Chargesheet has
been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR, the petitioner having been said to be a
nurse in the clinic of the Doctor where the delivery of child of
the informant went wrong together with the petitioner, who is a
lady, being in custody for five months since 29.8.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Sherghati P.S.
Case no. 373 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-I,
Gaya.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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