Dismissed¶23

Satyendra Kumar @ Dr Satendra Kumar v. The State of Bihar

Patna HC5 Mar 2024CR. MISC./75558/2023

Case brief

AI extract

What is this about?

Anticipatory bail rejected - Section 304 IPC - homeopathic doctor accused of performing cesarean operation at own nursing home - unqualified medical practitioner (quack) - no M.B.B.S./M.S. degree - patient died after referral to Gaya Hospital - public health and trust in health care system - Patna High Court CR. MISC. No.75558 of 2023, dt. 05-03-2024 - Anil Kumar Sinha, J.

What did the court decide?

Anticipatory bail refused: the informant specifically alleged that the cesarean operation was performed by the petitioner at the nursing home run by him, while the petitioner is admittedly not qualified to perform the cesarean operation, not holding M.B.B.S. and M.S. degrees, and is a homeopathic doctor. ¶19

Satyendra Kumar @ Dr Satendra Kumar Vs The State… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75558 of 2023

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Arising Out of PS. Case No.-194 Year-2023 Thana- IMAMGANJ District- Gaya

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SATYENDRA KUMAR @ DR SATENDRA KUMAR S/O SHIV DAYAL SAW VILLAGE- KOIRI BIGHA, PS. KONCH, DIST. GAYA. AND PRESENTLY NEW RANIGANJ NURSING HOME, RANIGANJ, PS. IMAMGANJ, DIST. GAYA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh No. 1

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 05-03-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Imamganj Police Station Case No. 194 of 2023, disclosing offences under Sections 304 of the Indian Penal Code.

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As per the prosecution case, on 17.07.2023, daughter-inlaw of the informant was admitted in the nursing home of the petitioner, she gave birth to a female child by cesarean operation performed by the petitioner and after two days, daughter-in-law of the informant fell sick and became serious, when the petitioner referred them immediately to Gaya Hospital where she died.

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Patna High Court CR. MISC. No.75558 of 2023(3) dt.05-03-2024 2/3

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Learned senior counsel for the petitioner submits that though allegation in the FIR that cesarean operation was performed by the petitioner but the petitioner is a homeopathic doctor and the operation has not been performed by him. The family members of the informant pressurized the petitioner for treatment of the informant’s daughter-in-law but he refused to provide treatment on the ground that he is homeopathic doctor and is unable to provide treatment of the serious patient and adviced them to go to the government hospital at Gaya. It has further been argued that Section 304 is not made out as there was no intention of causing death.

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Having regard to the submissions made on behalf of the parties and taking into consideration the material on record and the fact that it has specifically been alleged by the informant that the informant’s daughter-in-law was admitted in the nursing home run by the petitioner where cesarean operation was performed by him and admittedly, the petitioner is not qualified to perform the cesarean operation and is not having the M.B.B.S. and M.S. degree and is a homeopathic doctor. If nursing home is run by unqualified doctors (quacks), it could have serious

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Patna High Court CR. MISC. No.75558 of 2023(3) dt.05-03-2024 3/3

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repercussions on public health. It could undermine trust in the health care system, accordingly, I am not inclined to

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grant the petitioner privilege of anticipatory bail.

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