IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40862 of 2008 MAMTA KUMARI WIFE OF SRI SUDHIR KUMAR RESIDENT OF VILLAGE AMARPUR,POLICE STATION MAKHDUMPUR,DISTT.JEHANABAD Versus STATE OF BIHAR ----------- 3/ 15.1.2009 Heard learned counsel for the parties. The petitioner apprehends her arrest in a case which has been registered for offences under Section 304 of the Indian Penal Code. According to informant, her mother was taken for treatment to the dispensary of the petitioner. She could not recover from her vomiting and stomach pain despite injection or saline given by the petitioner. Informant suspected that her mother died on account of wrong medicine given by the petitioner. Submission is that the petitioner is a trained nurse and she has right to give first aid treatment. There was no negligence on behalf of the petitioner. She has done her best. Considering the facts and circumstances of the case, this application is allowed and the above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on her so surrendering, she shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Makhdumpur P.S.Case No. 196 of 2008 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)