1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1872 OF 2010 (Smt. Pramila Ratnam Amraj .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.R. Wagh, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 10TH DECEMBER, 2010. Heard. By way of present application, the applicant is seeking pre-arrest bail for the offence punishable under Section 304 vide Crime No.189/2010 registered with the Police Station, Ballarshah, District Chandrapur. Learned Counsel for the applicant submits that the applicant has not committed any offence and the applicant who was having vast experience as auxiliary mid-wife nurse, the incident in question is, therefore, purely an accident. He further submits that the applicant is a lady of advanced age and there is no need of her custodial interrogation and as such, the applicant deserves to be protected at the hands of this Court. Per contra, learned APP has strongly opposed the application by filing reply on behalf of the State. In the reply, it is stated that the applicant is claiming herself to be a doctor. The victim of the incident Tirumala along with her husband went to the house of the applicant. The applicant diagnosed Tirumala and advised her two injections by way of prescription. The sister-in- law of the applicant immediately brought the injections. The applicant gave injections to deceased Tirumala. At about 01:30 to 02:00 p.m., deceased had pains. At that time, the applicant gave cut by scissor to the opening of the deceased and because of excessive bleeding, the victim was screaming in pains. The applicant gave two stitches. The victim became unconscious and was serious. The sister-in-law who was requesting the applicant 2 to take some immediate steps as the victim was serious, the applicant advised her to take the patient to the hospital of Dr. Allurwar. Though the victim was taken to Dr. Allurwar, he expressed his inability to provide any medical assistance and directed to take the patient to government hospital. The husband and sister-in-law of the victim immediately rushed to the government hospital along with victim and the doctor available at government hospital declared the victim dead. In view of these backgrounds, it is stated in the reply that the applicant, who was not having any professional or any academic qualification, she performed surgery on the victim at her residence. Because of the cut given by the applicant to the deceased, the victim was having excessive bleeding and ultimately lost her life. The material shows that the applicant was neither having any required academic qualification nor having any sort of permission/license through the appropriate authorities to treat the patient or to provide any medical assistance, treated the victim in negligent manner and was responsible for death of victim. Learned Counsel for the applicant submits that the applicant is a lady and she will abide by any condition and to cooperate with the investigating agency. In view of the material available with the investigating agency, I am of the opinion that the applicant does not deserve for any protection at the hands of this Court. In the result, the application is rejected. JUDGE *rrg.