Patna High Court
Nathu Rai @ Nathu Ray @ Nathu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding insufficient evidence to justify his arrest.
Summary
The petitioner, Nathu Rai, was implicated in the death of Seema Devi, who allegedly died after a purported reverse vasectomy arranged by the petitioner. The FIR charged him under Section 105 of the Bhartiya Nyaya Sanhita, 2023. The petitioner sought anticipatory bail, contending he is not a doctor, nor associated with the Shiv Shakti Hospital where the victim was treated, and that the post‑mortem indicated death due to head injury, not medical negligence. The State argued inconsistencies between the surgical findings and the cause of death. The Court, noting the lack of material linking the petitioner to the hospital or to any act of medical negligence, and the hospital’s unregistered status, granted anticipatory bail with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner can be granted anticipatory bail in a case under Section 105 of the Bhartiya Nyaya Sanhita, 2023.
- Whether there is sufficient evidence to link the petitioner to the alleged medical negligence leading to the victim's death.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 105
Subjects
- anticipatory bail
- medical negligence
- Section 105
- criminal procedure
- hospital registration
- forensic evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86369 of 2025
Arising Out of PS. Case No.-1030 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
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Nathu Rai @ Nathu Ray @ Nathu Kumar S/O Late Raj Lal Rai Resident of
Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Ahiyapur Police Station Case No. 1030 of 2024, dated
29.07.2024, disclosing offence punishable under Section
105 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the informant’s daughter, namely, Seema Devi,
aged about 26 years, had already undergone vasectomy
operation. The petitioner allured her that he would
arrange an operation to get reverse vasectomy so that she
can bear child. The informant’s daughter left the house
with the petitioner. On 26.07.2024, the petitioner came
and informed the informant that her daughter is
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admitted in serious condition in a hospital. Thereafter, the
informant visited the private hospital and saw her
daughter admitted in the hospital in serious condition.
The informant thereafter returned back. On 28.07.2024, at
about 4 PM, the petitioner sent the dead body of the
informant’s daughter in an ambulance.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case for
extraneous consideration. Upon perusal of the First
Information Report, no offence, much less the offence
under Section 105 of the Bhartiya Nyaya Sanhita, 2023,
has been made out. The petitioner is neither a doctor nor a
compounder nor the owner of the Shiv Shakti Hospital,
where the informant’s daughter had undergone treatment.
The post mortem examination report of the informant’s
daughter suggests that the deceased died due to
hemorrhage and shock due to above noted injury of head
caused by hard and blunt force.
5. On the other hand, learned Counsel for the State argued
that there is contradiction in the injury found on the body
of the deceased and the opinion of the doctor including
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the inquest report. The doctor, who has conducted post
mortem on the dead body of the informant’s daughter, has
noted down the injury on the body of the deceased, which
is ‘surgical suture present at ampulla part of fallopian
tube at right side of uterus with with surgical incision at
fallopian tube, tubal ligation surgery, but in the opinion of
the doctor, it is said that the deceased died due to injury
on head caused by hard and blunt force.
6. A report was called for by this Court from the Civil
Surgeon, Muzaffarpur, vide order, dated 16.01.2026,
regarding the Shiv Shakti Hospital, and the Civil Surgeon
has forwarded to this Court the joint report of Dr. Preeti,
Dr. S. K. Pandey and Dr. C. K. Das, stating that the Shiv
Shakti Hospital was found closed and the same is not
registered under Bihar Clinical Establishment
(Registration and Regulation) Rule, 2013.
7. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
investigation done by the police in which only the
statements of the informant and her family members have
been recorded, no material has been collected to show
that the petitioner was anyhow connected with the
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hospital and was compounder/ doctor working in the
hospital and the offences alleged against the petitioner is
of medical negligence, I am inclined to grant the
petitioner privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Muzaffarpur, in connection
with Ahiyapur Police Station Case No. 1030 of 2024,
subject to the condition laid down under Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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