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Patna High Court

Bushra Zafar @ Bushra NazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bond and sureties subject to conditions.

Summary

The petitioner, Bushra Zafar, wife of the main accused, was arrested in connection with a case involving alleged medical negligence where a towel was left inside a patient’s abdomen after surgery. She faced charges under multiple sections of the Bihar Negotiable Act, the Bihar Clinical Establishment Act and the Indian Medical Council Act. Claiming innocence and asserting that she was implicated solely due to her marital relationship, she applied for regular bail. The State opposed the bail application. The Court considered the facts, the petitioner’s clean antecedents and the nature of the allegations, and ordered that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cooperation with the trial. The order directs the lower court to release her on bail under the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges of medical negligence and other offences under the Bihar Negotiable Act, Bihar Clinical Establishment Act and Indian Medical Council Act.

Legislation cited

Subjects

  • regular bail
  • medical negligence
  • criminal procedure
  • Bihar Negotiable Act
  • Bihar Clinical Establishment Act
  • Indian Medical Council Act
  • wife of accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.77410 of 2025
                    Arising Out of PS. Case No.-362 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Bushra Zafar @ Bushra Naz W/o Tarik Zafar Resident of Village- Barharwa
                 Lakhansen, P.S.- Dhaka, District- East Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Advocate
                                                  Mr. Rizwanul Jama Khan, Advocate
                 For the State            :       Mr. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   19-01-2026                       Heard the learned senior counsel for the petitioner as

                   well as the learned Additional Public Prosecutor for the State.

                                  2. The petitioner is seeking regular bail in connection with

                   Dhaka P.S. Case No. 362 of 2025, registered for the offences

                   punishable under Sections 125, 352 of the BNS and subsequently

                   added Sections 319(2), 339, 340(2), 125(b), 117(3), 118(1), 118(2) of

                   the BNS, Section 16 of the Bihar Clinical Establishment Act and

                   Sections 15(2)(3) of the Indian Medical Council Act.

                                  3. As per the prosecution story, informant’s wife

                   underwent surgery at Nido Hospital where doctor allegedly left a

                   towel in her abdomen, due to medical negligence, causing severe

                   pain and internal bleeding.

                                  4. The learned senior counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated in this case. He has further submitted that the doctor, who
             Patna High Court CR. MISC. No.77410 of 2025(3) dt.19-01-2026
                                                         2/2




                       conducted operation and allegedly committed medical negligence,

                       has been granted bail by the learned Court below. Petitioner’s name

                       has been transpired only because she is wife of the main accused. He

                       has also submitted that the petitioner is a lady of clean antecedent

                       and is under custody since 18.08.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to furnish

                       bail bond and on doing so, the court below shall release the petitioner

                       on bail on furnishing bail bonds of Rs.10,000/- with two sureties of

                       the like amount each to the satisfaction of learned S.D.J.M., Dhaka,

                       East Champaran (Motihari) in connection with Dhaka P.S. Case No.

                       362 of 2025, subject to the following conditions that the petitioner

                       shall cooperate in the disposal of trial and make herself available

                       as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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