IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12794 of 2010 1. DR. MANJU SAHAY , W/O DR. ASHOK VARDHAN SAHAY, PRESENTLY POSTED AS CIVIL ASSISTANT SURGEON, SADAR HOSPITAL, SAMASTIPUR, PRESENTLY RUNNING HER PRIVATE CLINIC AT MOHALLA – KASHIPUR NEAR THE HOUSE OF DR. NEELAM JHA, MAIN ROAD, P.S. – SAMASTIPUR, TOWN AND DISTRICT – SAMASTIPUR. 2. DR. ASHOK VARDHAN SAHAY, S/O LATE VIDHYA SHANKAR SAHAY, R/O C-11 OFFICERS’ QUARTERS IN FRONT OF SADAR HOSPITAL, P.S. SAMASTIPUR, TOWN AND DISTRICT – SAMASTIPUR. 3. UPENDRA PRASAD SINGH (COMPOUNDER OF PETITIONER NO. 1 ) S/O KUSHESHWAR PRSAD SINGH, RESIDENT OF MOHALLA - KASHIPUR, P.S. SAMASTIPUR, TOWN AND DISTRICT - SAMASTIPUR VERSUS STATE OF BIHAR ----------- 2 04.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioners is that deceased’ family members were expecting normal delivery. Deceased was under treatment of petitioner nos. 1 and 2, whereas, petitioner no. 3 was working as compounder. Labour pain, if started, at 12.00 in the night, petitioners came in action only after interval of reasonable time, during this period if the condition of the patient was normal there would have been delivery, but, some complications appeared. Petitioners attended the patient. Allegedly part payment was made for caesarian operation, and, rest was agreed to be paid in morning. That was accepted by the petitioners also. Then there was no question to harm the patient including her unborn child, nor could be any occasion. At most, case can be said of negligence with non-corroboration of expert even then petitioners are apprehending their arrest for their no fault. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt / production of a copy of this order in connection with Complaint Case No. 1161 of 2005, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) of Cr.P.C. Praful ( Mandhata Singh, J.)