IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12316 of 2010 DR.KIRAN KUMARI @ KIRAN CHAUDHARY Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Rama Kant Sharma, Advocate For the State : Mr. A.L. Pandit, A.P.P. --------- 2 7.5.2010 Heard the parties. In a criminal prosecution for offence under section 308/201 besides other minor and bailable offences under the Indian penal Code one Anju Devi daughter of the informant was admitted in the private clinic of this petitioner for the purpose of delivery on 31.12.2009. Aforesaid Anju Devi gave birth to a girl child on the same day but the petitioner is alleged to have wrongly declared the child to be dead. Subsequently the aforesaid girl child was taken to another doctor and it was found that she was still surviving and the declaration made by the petitioner about death of the girl was admittedly wrong. It is submitted by learned counsel for the petitioner that even according to the prosecution case, the petitioner was not having any mensrea to commit a crime punishable under section 308 of the Penal Code and other offences are either minor or bailable one. It appears that though the petitioner is having M.B.B.S degree, but she is not a qualified and competent doctor, yet she is running a private clinic at Lalganj, Vaishali. The declaration made by the petitioner about the death of the girl child appears to be because of her incompetent diagnostic skills, but it does not appear to be intentional or with any criminal intent. In that view of the matter, in the event of her arrest or surrender in the court below within a period of four weeks from today, the above - 2 - named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Vaishali at Hajipur in connection with Lalganj P.S. Case no. 01/2010, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman