Patna High Court

Dr. Kiran Kumari @ Kiran DeviversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Dr. Kiran Kumari, a registered medical practitioner, sought anticipatory bail after being implicated in a case registered under Section 105 of the Bharatiya Nyaya Sanhita for the death of an informant's wife who was initially treated in her clinic. The petitioner contended that the patient was transferred to another hospital and later died en route to AIIMS, asserting no negligence on her part and highlighting her clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the petitioner's clean record, and the circumstances of the death, the court granted anticipatory bail, directing that if arrested within eight weeks, she be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 105 of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the alleged medical negligence justifies denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 105

Subjects

anticipatory bail
medical negligence
criminal procedure
Section 105
Section 482(2)
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
clean antecedent
death of patient

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85985 of 2025
                        Arising Out of PS. Case No.-424 Year-2025 Thana- SAHPUR District- Patna
                 ======================================================
                 Dr. Kiran Kumari @ Kiran Devi W/o Pintu Kumar @ Banglesh Kumar @
                 Kalesh Kumar Resident of Village- Daudpur, P.S.- Shahpur, District- Patna, at
                 present residing at Ward No. 12, Reva, P.S.- Maner, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deovind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 105 of the Bharatiya

                   Nyaya Sanhita.

                                3. It is alleged that due to negligence and

                   inappropriate procedure of treatment, wife of the informant died

                   in the clinic of this petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is a registered doctor in Bihar Medical Council vide certificate

                   no. 34558 having degree of MBBS and M.S. in Gyno. It is

                   further submitted that wife of the informant was admitted in the

                   clinic of this petitioner where her normal delivery was done and
              Patna High Court CR. MISC. No.85985 of 2025(2) dt.07-01-2026
                                                          2/2




                        thereafter, she was treated in Kurji Holi Family Hospital, Patna

                        and from there, she was discharged on her own consent to take

                        her to AIIMS for better treatment, but she died on the way and

                        as such, petitioner cannot be held responsible for death of the

                        deceased. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of her arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Sub-Divisional Judicial

                        Magistrate, Danapur in connection with Shahpur P. S. Case No.

                        424 of 2025, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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