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2025 DAILYLAW 16646 (JHR)

BIMLA DEVI ALIAS KUMARI VIMLA ALIA GUDIYA KUMARI v. THE STATE OF JHARKHAND

A.B.A./3281/2025 · 2025-06-24

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16811 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3281 of 2025 Bimla Devi @ Kumari Vimla @ Gudiya Kumari, wife of Sanjay Kumar, resident of village Kanchanpur, P.O Lupung, P.S. Katkamsandi, District- Hazaribag, ..... Petitioner(s). Versus The State of Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kr. Singh, Advocate. For the State : Ms. Ruby Pandey, A.P.P. …..... 03/24.06.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Section(s) 304, 419 and 420 IPC and Section(s) 15(3) of the Indian Medical Council Act, 1956 and Sections 41/42 of the Clinical Establishment Act, 2010, in connection with Sadar (Bara Bazar O.P) P.S. Case No. 75 of 2019, pending in the Court of learned CJM, Hazaribag. Counsel for the petitioner submits that the Administrator of Shashank Nursing Home has been acquitted though there is direct allegation against the said lady that she not being a doctor had operated upon the deceased. He further submits that the Doctor of the said Nursing home has not been sent up for trial. The learned A.P.P opposes the prayer and submits that the entire allegation can be divided in two parts; one allegation is against the Nursing Home and the management of the said Nursing Home and the another part of the allegation is against this petitioner. She submits that against this petitioner, there is allegation that this petitioner being an unqualified nurse has tried to force for normal delivery, but she took much time and she failed. The position of the patient got deteriorated and she started bleeding, thus this petitioner brought the pregnant lady to the Nursing Home. This part of the allegation clearly suggests the negligence of this petitioner. After going through the FIR, I find that there is allegation that this petitioner has forced the pregnant lady assuring that she will conduct the normal delivery but she failed and because of her action, the lady started bleeding profusely, thereafter this petitioner seeing no alternative, had taken the pregnant lady to the Hospital, where she ultimately died. In view of the aforesaid facts, it is not a fit case to grant anticipatory bail to the petitioner. Accordingly, the same is dismissed. Anu/-C.P.-3 (ANANDA SEN, J.)