IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17316 of 2009 1. BABY KUMARI JHA 2. DR. PRIYANKA KASHYAP --- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 02 02.09.2009 Heard both sides. Petitioners, who claim to be doctors having degree of B.A.M.S. under the Provisions of Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 apprehend their arrest in a case instituted under diverse Sections of the Penal Code including Sections 420 and 468 and 304/34 of the Penal Code. Allegation is that the petitioners, who are doctors and related inter se as mother and daughter, charged certain amount and operated the patient for delivery of child. Subsequently the patient died. Resultantly the well developed/grown up foetus also died. Learned counsel for the petitioners submits that the petitioners are authorized under the Act to carry out such surgery. In this connection, he refers to the documents placed at Annexure 3, 3/1 and 3/2 respectively. This court finds that the degree authorizes the petitioners to conduct such surgery. Learned counsel for the petitioners referring to the judgment rendered by the Hon’ble Supreme Court in the case of 2 (Martin F. D’souza Versus Mohd. Ishfaq) 2009(3) SCC 1, submits that normally in such matters the court should not take steps until the allegations are duly verified by a team of doctors. Learned counsel referring to F.I.R. states that the claim in the F.I.R. itself is for repayment of the amount including damages. Looking to all aspects of the matter, this court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners above named in the event of their arrest or surrender before the court below within a period of 04 weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M. Samastipur in connection with Tajpur P.S.Case no. 14 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sym/ (Kishore K. Mandal, J.)