Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10804 of 2012 ====================================================== Usha Devi, W/O Sri Anirudh Singh, R/O Village - Shiv Mandir Road, Nepali Tola, P.S. Ram Nagar, District - East Champaran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== For the Petitioner :M/s A.K. Thakur and Ravi Ranjan, Advocates. For the Opposite Party :Mr. Ramesh Chandra, A.P.P. ====================================================== 3 04-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the allegation is that the patient was taken to the clinic of Dr. Abhay Kumar Tiwary, who took money for the birth of a child but it was found that the child had died in the womb itself and hence while taking out the dead child from the womb the doctors, including the aforesaid Dr. Abhay Kumar Tiwary and Dr. Usha Devi (petitioner) also pulled out the intestine of the lady due to which the patient started crying loudly and the doctors immediately packed it and advised them to get it again operated at Bettiah. It is also alleged that thereafter the patient was taken to several clinics and hospitals whereafter she was Patna High Court Cr.Misc. No.10804 of 2012 (3) dt.04-06-2012 2 saved. Learned counsel for the petitioner states that the main accused in the case is Dr. Abhay Kumar Tiwary, whereas no specific overt act has been alleged against the petitioner Dr. Usha Devi and at all places word “doctors” has been used. It is also stated that the petitioner is in custody since 31.01.2012. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagha, West Champaran in connection with Ram Nagar P.S. Case No.333 of 2011. Harish/- (S.N. Hussain, J)

Applicable IPC Section: 308

Statute Text:
Section 308 of the Indian Penal Code. Attempt to commit culpable homicide. Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.