Patna High Court
Dr. Rashika Sahay @ Rashika SahayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, and the petitioner was ordered to be released on bail subject to statutory conditions.
Summary
Dr. Rashika Sahay, a qualified gynecologist, was implicated in a FIR (Bihta P.S. Case No.767 of 2025) under section 105 of the Bihar Negligence and Safety Act, 2023 for alleged negligence during a delivery that resulted in the mother’s death. The petitioner feared arrest and moved the High Court seeking bail, contending that the FIR was violative of the Supreme Court’s guidelines in Jacob Mathew v. State of Punjab (2005) 6 SCC, which require proof of gross negligence. The State opposed the bail, but the Court, after considering the submissions and the nature of the allegation, found no sufficient ground to deny bail. Accordingly, the Court allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the B.N.S. and Section 438(2) of the CrPC. The order was pronounced by Justice Sandeep Kumar on 26‑02‑2026.
Issues considered
- Whether the FIR under section 105 of the B.N.S., 2023 is maintainable in view of the Supreme Court’s decision in Jacob Mathew v. State of Punjab.
- Whether the petitioner is entitled to bail pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- medical negligence
- bail
- section 105 B.N.S.
- Section 482
- Section 438(2) CrPC
- Jacob Mathew precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89345 of 2025
Arising Out of PS. Case No.-767 Year-2025 Thana- BIHTA District- Patna
======================================================
Dr. Rashika Sahay @ Rashika Sahay, W/O Rajeev Kumar R/O Sanjay Gandhi
Nagar, Hanuman Nagar, Road No. 3 , Patrakar Nagar , Patna-800020, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. P.N. Shahi, Sr. Advocate
Mr. Bipin Bihari, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned Senior Counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in
connection with Bihta P.S. Case No.767 of 2025 registered for
the offence under section 105 of the B.N.S., 2023.
3. The petitioner, who is a doctor, is alleged to
have been negligent while performing the delivery of the
daughter-in-law of the informant, during which, the child was
saved but the mother died.
4. Learned Senior Counsel for the petitioner
submits that petitioner is a qualified M.B.B.S. doctor and has
done her specialization in Gynecology and therefore, she was
authorized to treat the patient. He further submits that the
present F.I.R. has been lodged in complete violation of the law
Patna High Court CR. MISC. No.89345 of 2025(3) dt.26-02-2026
2/2
laid down by the Hon’ble Supreme Court in the case of Jacob
Mathew vs. State of Punjab & Ors. reported as (2005) 6 SCC
1.
5. Considering the aforesaid submissions of
learned Senior Counsel for the petitioner and also the nature of
allegation levelled against the petitioner, this application is
allowed.
6. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-I,
Danapur, Patna / concerned Court below, in connection with
Bihta P.S. Case No.767 of 2025, subject to the conditions laid
down in Section 482 of the BNSS / 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
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