IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39865 of 2010 SMT.RAMRATI DEVI Versus THE STATE OF BIHAR ----------- 02/ 04-Nov-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is a lady Kakchhpal posted in Motihari Jail. She along with another lady home-guard and one male constable of the jail were entrusted to take a lady prisoner to the hospital for some test, who escaped from custody. Learned counsel for the petitioner has submitted that offence under Section 224 and 225 of the IPC mentioned in the FIR are not attracted and at best the petitioner can be subjected to departmental proceeding if it is found that she was negligent. It was further submitted that under Circulars of Jail Department a prisoner is required to be sent out only with Armed Police Escort. The effect of Circulars may fall for consideration in any departmental proceeding but so far as the criminal case is concerned, Section 223 to 225A 2 of the IPC deals with such situations. The prisoner who escaped was facing charges under Section 302 of the IPC and she is also a co-accused. As to whether there was conspiracy, abetment etc. shall be considered at appropriate stage when it may fall upon the court concerned to frame charges. But at the present stage the plea of negligence does not entitle the petitioner for grant of anticipatory bail. The prayer for anticipatory bail is rejected. This order shall not prejudice the case of the petitioner if she surrenders and seeks regular bail on the ground available to her as per law. perwez ( Shiva Kirti Singh, J.)