IN THE HIGH COURT OF JUDICATURE AT PATNA 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 : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Saket Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 28-01-2026 Yet another unfortunate case has come to this Court, though in the State of Bihar, it has become a regular feature. A young pregnant woman visits a private Nursing Home anywhere in the State to deliver a child, her eyes filled with joy. The unregistered private Nursing Homes make the parents bleed through their noses showing them moon while charging hefty sum. However, the fact remains that it lacks even the basic necessities/equipments, forget the presence of a Specialist/Doctor. 2. The result is that post delivery, alongwith the child, the parents carry the lifeless body of the young lady on the stretcher while walking out of the Hospital. Meanwhile, Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 2/15 the District Administration and the office of the Civil Surgeon of the said district look the other way. 3. Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP. 4. The petitioner is apprehending arrest in connection with Mohania P.S. Case No. 715 of 2025 for the offence under section 105 of the BNS lodged on 20.08.2025 by the informant, Chandan Singh. 5. As per the FIR, the informant’s husband, Chandan Singh alleged that his wife, Shweta Kumari (since deceased) had labour pain, was taken to the Maa Mundeshwari Hospital, G.T. Road, Mohania belonging to this petitioner. Later, the petitioner called another Doctor who came on a vehicle (the registration number recorded in the FIR). The lady was operated and the child delivered but she died in the process. The Nursing home was unregistered. This followed the FIR. 6. Learned Senior counsel for the petitioner submits that a perusal of the FIR would show that the delivery took place through a Doctor who came in a vehicle, his name has come up as Doctor Saroj Kumar. This petitioner is actually a Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 3/15 Nurse but only to implicate, the Doctor word has been affixed with her name. She further has no criminal antecedent and the last submission is that to show her bona fide and for the future of the newly born baby child who arrived in this world but will never see the mother, the petitioner intends to deposit Rs. 1,00,000/- as fixed deposit. 7. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that the unregistered Nursing Home is being run by the petitioner where unfortunate death took place and as such, she cannot escape the responsibility. 8. As recorded above, the unregistered/illegal Nursing Homes are flourishing in the State of Bihar. The Civil Surgeon-cum-Chief Medical Officers of the districts have allowed said Nursing Homes to function. They never collect data of their district to know how many young women left this world due to such criminal negligence on the part of the unregistered Nursing Homes. 9. However, in the present case, since the stand is that she is serving as Nurse, the operation took place through Dr. Saroj Kumar and she has no criminal antecedent, in that background, this Court is inclined to extend her the privilege of anticipatory bail subject to the payment of Rs. 1,00,000/- to Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 4/15 the infant child. 10. The amount of Rs. 1,00,000/- shall be deposited in the form of fixed deposit issued by the State Bank of India Local Branch in the name of the child with all details which will be en-cashed by the said child only after he attains sixteen years of age for his education. The Chief Manager of the State Bank of India shall incorporate in the certificate that in view of the order of Patna High Court in Cr. Misc. No. 89807 of 2025, it can be en-cashed only after the child attains sixteen years of age. 11. The concerned Court where the petitioner will be submitting the fixed deposit certificate of Rs. 1,00,000/- shall satisfy himself/herself that all the facts have been correctly incorporated on the said certificate issued by the SBI. 12. If the birth certificate of the child has not been issued, the Sub Divisional Officer, Mohania shall ensure that the same is immediately issued to the child so that the fixed deposit is prepared in time. 13. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 5/15 satisfaction of learned ACJM, Kaimur at Bhabhua in connection with Mohanai P.S. Case No. 715 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Pan Card/Voter ID Card/Driving License) to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. 14. Having disposed of the petition, this Court must record that the District Administration failed to conduct raid/investigate the functioning of the Nursing Homes in the district and see to it that whether there are proper facilities to Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 6/15 function as such and thus cannot escape responsibility for the death of Shweta Kumari. 15. In that background, the District Magistrate, Kaimur is duty bound to direct the Sub-Divisional Officer, Mohania to hand over certificate on behalf of the District Administration to the child (through his parent) certifying that he shall be getting free education/health in the State. 16. The Civil Surgeon, Kaimur shall also be providing the Health Insurance Certificate to the child for his treatment in the district of Kaimur. 17. It is to be noted that on 02.05.2025, while disposing of the Cr. Misc. No. 24566 if 2025 (Dr. Dilip Kumar & Anr. vs State), this Court in paragraphs nos. 10 and 14 recorded as under: “10. Having disposed of the anticipatory bail application, this Court is really surprised: how this unregistered Hospital (Nidan Emergency Hospital) was running in Piro without any information whatsoever to the District Administration/Police Officials/Civil Surgeon. Further, whether pursuant to the loss of an innocent life, the local administration/Police/Civil Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 7/15 Surgeon have taken up the issue seriously and conducted raid/investigation of all the Private Hospitals/Nursing Homes running in Piro to know: (i) how many Hospitals/Nursing Homes are functioning illegally/unauthorizedly in Piro without license; (ii) even if any of the Hospital/Nursing Home is having license, whether it is fully equipped with the emergency services or not?; (iii) whether the Doctors are present there 24X7 or not?; (iv) whether the fire fighting equipments are present in it or not? (v) whether all these necessary facts stand incorporated on the display board of the Hospital/Nursing Home or not? 14. The District Administration, Bhojpur specially those sitting in Piro as also the Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 8/15 Civil Surgeon, Bhojpur having failed to check the running of the illegal Hospitals/Nursing Homes leading to the death of the infant’s mother; they will have to take the responsibility of shaping up the future of the infant. The certificate declaring free education/health insurance to the infant (name to be incorporated after checking the birth certificate issued by Municipal Authority) have to be handed over through parent/parents-in-law in the next thirty days and the reports regarding compliance of the directions incorporated in paras 10 and 13 have to be made available by the offices of the D.M., Bhojpur, the S.P., Bhojpur as also the Civil Surgeon cum Chief Medical Officer, Bhojpur.” 18. The said matter vide modification petition (Cr. Misc. No. 43257 of 2025) again came up for hearing on 04.07.2025 and 25.07.2025 under the heading ‘To be Mentioned’ to peruse the Action Taken Report wherein the stand of the Civil Surgeon, Bhojpur was that the notification no. 480 dated 04.03.2025 issued by the Health Department, Bihar, Patna allows Hospitals/Nursing Homes upto 40 beds Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 9/15 to function without registration. The Court, as such, in paragraphs 15 to 17 and 22 recorded as under: 15. This is an alarming situation, on the one hand, the illegal Nursing Homes/Hospitals are running in the district/Sub-divisions/remote blocks without any obstacle, on the other hand, the Civil Surgeon cum Chief Medical Officer, Bhojpur at Ara who is head of the district is raising his hands stating that he has no power either to ensure that the Hospitals are registered or to seal it, if irregularities are detected and/or if it is found that it is being run illegally without any Doctor and/or no emergency services are available there. In other words, his contention is that the poor/illiterate people cannot be stopped from visiting those illegal Nursing Homes/Hospitals due to the prevailing rules/regulations and accordingly, guidelines have been sought for from the Health Department which is awaited. 16. On further query whether repeated inspections/repeated fines can be imposed upon the said Nursing Homes or not and/or at least the local Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 10/15 innocent people can be informed through regular Newspaper publication/Public Address System as also the Posters at the strategic places including government buildings or not, the answer is in affirmative. 17. For the record, this Court has to observe that similar incidents are happening across the State where for want of Doctor/treatment/fake Doctors, the innocents are dying in the private Nursing Homes. The onus clearly lies on the Health Department, Bihar through its Additional Chief Secretary to look into the matter and take remedial measures. 22. Mr. Prashant Pratap, learned G.P.-2 shall be filing comprehensive affidavit on behalf of the Additional Chief Secretary, Health Department throwing light not only on the letter dated 04.03.2025 issued by the said Department but also to the guidelines that has been sought for by the Civil Surgeon cum Chief Medical Officer, Bhojpur at Ara dated 24.03.2025. The A.C.S. shall also be answering to the statements made by the Civil Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 11/15 Surgeon, Bhojpur that even if an illegal Nursing Home during an inspection is found to be run without the Doctor, no action can be taken against it. This is just putting the lives of innocents at the mercy of any Nursing Home in the opinion of the Court. 19. The said case (Cr. Misc. No. 43257 of 2025) was finally consigned on 24.11.2025 after recording the Health Department’s reply as follows: “5. That it is stated and submitted that the Health Department, Government of Bihar has taken note of the matter as per the direction of this Hon'ble Court issued by order dated 22.08.2025 and in that course, two State Level Committee for Saran, Tirhut, Darbhanga, Koshi and Purnia Division headed by Director-in-Chief (Administration), Health Services, Bihar, Patna and another committee for Patna, Magadh Munger and Bhagalpur Division headed by Director-in-Chief (Nursing), Health Services, Bihar, Patna have been Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 12/15 constituted by the Health Department, Bihar by order issued vide Memo No. 1875(18) dated 08.09.2025 for inspection of all Government and Private Hospitals/Nursing Homes/Pathology Center and submitting a report to the Department with specific instructions to inspect the hospitals/Nursing homes in at least one district every fortnight and provide the inspection report to the department. 6. That it is relevant to state here that by departmental letter no. 1845 (18) dated 28.11.2013, Bihar Clinical Establishment (Registration and Regulation) Rules, 2013 has been framed in exercise of powers conferred by Section 54 of the Clinical Establishment (Registration and Regulation) Act, 2010. 7. That it is further relevant to state here that by departmental notification No. 480 (18) dated 04.03.2025, Bihar Clinical Establishment (Registration and Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 13/15 Regulation) Rules, 2013 has been amended and hospitals with 01-40 beds have been exempted from the said rules. Thereafter, guidelines have been sought by various Civil Surgeons of Bihar regarding the control and renewal of hospitals having 01- 40 beds and other facts. In this background and in view of the order of this Hon'ble Court passed in this case, a six-member committee headed by Dr. Pramod Kumar Singh, Director-in-Chief, Health Services, Bihar, Patna has been constituted by the Health Department by office order Memo No. 1853(18) dated 02.09.2025 to issue guidelines at departmental level for controlling Hospitals/Nursing Homes with 01-40 beds running in the surgeries. 8. That although the constituted committee was directed to provide the necessary guidelines to regulate 1-40 bedded hospitals/nursing homes within two days in the light of the guidelines sought by various Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 14/15 Civil Surgeons. But due to the committee reviewing the matter in depth, the report could not be provided on time. 9. That the Health Department, Government of Bihar is actively pursuing the matter as per the direction of this Hon'ble Court.” (emphasis added) 20. This Court has recorded the paragraph nos. 10 and 14 of the order dated 02.05.2025 in the Cr. Misc. No. 24566 of 2025 as also the paragraph 3 of the order dated 24.11.2025 in Cr. Misc. No. 43257 of 2025 and would expect the Health Department, Bihar, Patna, the District Magistrate, Kaimur as also the Civil Surgeon-cum-Chief Medical Officer, Kaimur to file their respective response(s) on the aforesaid subject matter. 21. While Mr. Prashant Pratap, learned GP.2 shall be filing the affidavits on behalf of the Health Department, Bihar, Patna, Mr. Jitendra Kumar Singh, learned APP shall be filing the response of the District Administration, Kaimur and the Civil Surgeon, Kaimur. 22. Learned counsel for the petitioner shall be Patna High Court CR. MISC. No.89807 of 2025(2) dt.28-01-2026 15/15 providing copy of the petition both to Mr. Prashant Pratap, learned GP-2 and Mr. Jitendra Kumar Singh, learned APP and the receipt(s) shall be filed in the office positively by 02.02.2026. 23. List this case on 12.03.2026 under the heading ‘To Be Mentioned’ to peruse the affidavit(s) of the Health Department, Bihar, Patna, the District Magistrate, Kaimur and the Civil Surgeon, Kaimur. Adnan/- (Rajiv Roy, J) U T