Created by Fuzzy Cloud

Patna High Court

Dr. Kavita Kumari @ Kavita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court extended the surrender period by four weeks while dismissing the petition seeking further remedial action as the State had already taken corrective measures.

Summary

Dr. Kavita Kumari filed two criminal miscellaneous petitions before the Patna High Court seeking relief against the State of Bihar. In Cr. Misc. No. 89807 of 2025, she alleged negligence by hospitals and nursing homes in Kaimur district that resulted in a woman's death and demanded remedial action by the Civil Surgeon. The court noted that a supplementary counter‑affidavit and an apology had been filed, and that corrective steps had already been taken against erring institutions, leading to the petition being consigned. In Cr. Misc. No. 20153 of 2026, the petitioner explained a delay in her surrender before the trial court and requested an extension of the surrender period. The court allowed this petition, extending the surrender deadline by four weeks, while dismissing the other petition.

Issues considered

  • What remedial steps should the State and Civil Surgeon take to prevent deaths in nursing homes?
  • Whether the petitioner’s delay in surrender warrants an extension of the surrender period.

Subjects

  • criminal miscellaneous
  • surrender
  • hospital negligence
  • nursing home
  • remedial measures
  • civil surgeon
  • state liability

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20153 of 2026
                                             In
                             CRIMINAL MISCELLANEOUS No.89807 of 2025
                 Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Dr. Kavita Kumari @ Kavita Kumari D/O Sudama Singh R/O Village-
                 Akorhi, P.S.- Mohania, District- Kaimur, Work Place Address- Jay Maa
                 Mundeshwari Hospital, P.S.- Mohania, District- Kaimur, Bhabhua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 89807 of 2025
                 Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Dr. Kavita Kumari @ Kavita Kumari D/o- Sudama Singh Village- Akorhi PS-
                 Mohania District- Kaimur Bhabhua Work Place Address Jay Maa
                 Mundeshwari Hospital PS-Mohania District- Kaimur Bhabhua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 20153 of 2026)
                 For the Petitioner/s     : Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 89807 of 2025)
                 For the Petitioner/s     : Mr. Saket Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   10-04-2026                 Heard Mr. Saket Kumar Singh, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Singh, learned APP beside

                   Mr. Shadwal Harsh, AC to GP-2.

                               2. The supplementary counter-affidavit (in Cr. Misc.

                   No. 89807 of 2025) has been filed by the Civil Surgeon and he
          Patna High Court CR. MISC. No.20153 of 2026(5) dt.10-04-2026
                                                      2/2




                    has submitted apology for the earlier statement made in the

                    counter-affidavit. Further, the document on record shows that

                    action has been taken against the erring Hospitals/Nursing

                    Homes in the District of Kaimur.

                                 3.   In     that    background,         expecting   the   State

                    Government as also the Civil Surgeon-cum-Chief Medical

                    Officer, Kaimur at Bhabua to take remedial steps so that another

                    woman comes out of the Nursing Home with her new born child

                    in future and not her dead body, the Cr. Misc. No. 89807 of

                    2025 stands consigned.

                                 4. So far as the Cr. Misc. No. 20153 of 2026 is

                    concerned, the facts have been narrated by the petitioner which

                    delayed her surrender before the concerned Court, In that

                    background, the Cr. Misc. No. 20153 of 2026 stands allowed.

                                 5. The period of surrender is further extended by four

                    weeks from today.



                                                    (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.