Dr. Kavita Kumari @ Kavita Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Dr. Kavita Kumari @ Kavita Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Mixed outcome across the two connected applications: (i) Cr. Misc. No. 20153 of 2026 allowed and the period of surrender extended by four weeks from 10-04-2026; (ii) Cr. Misc. No. 89807 of 2025 consigned, with an expectation recorded that the State Government and the Civil Surgeon-cum-Chief Medical Officer, Kaimur at Bhabua take remedial steps regarding hospitals/nursing homes in the district.

Issue for consideration

Whether the period fixed for surrender of the petitioner (Dr. Kavita Kumari) before the concerned Court should be extended in view of the facts she narrated which delayed her surrender (Cr. Misc. No. 20153 of 2026). +1 more

Court's answer

On the facts narrated by the petitioner which delayed her surrender before the concerned Court, Cr. Misc. No. 20153 of 2026 stands allowed.

Ratio / Principle

The period of surrender is further extended by four weeks from the date of the order (10-04-2026).

Key takeaways

The Court expressed the expectation that the State Government and the Civil Surgeon-cum-Chief Medical Officer, Kaimur at Bhabua take remedial steps so that another woman comes out of the Nursing Home with her new born child in future and not her dead body.obiter¶24
In that background, Cr. Misc. No. 89807 of 2025 stands consigned.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dated 10-04-2026, in two connected Criminal Miscellaneous applications arising out of P.S. Case No. 715 of 2025, Mohania Police Station, District Kaimur (Bhabua), between Dr. Kavita Kumari and the State of Bihar: (i) In Cr. Misc. No. 89807 of 2025, the Civil Surgeon filed a supplementary counter-affidavit submitting apology for the earlier statement made in his counter-affidavit, and the document on record showed action taken against the erring Hospitals/Nursing Homes in the District of Kaimur; the Court, expecting the State Government as also the Civil Surgeon-cum-Chief Medical Officer, Kaimur at Bhabua to take remedial steps so that another woman comes out of the Nursing Home with her new born child in future and not her dead body, consigned the application. (ii) In Cr. Misc. No. 20153 of 2026, noting that the facts narrated by the petitioner had delayed her surrender before the concerned Court, the application was allowed and the period of surrender was further extended by four weeks from the date of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20153 of 2026 In

CRIMINAL MISCELLANEOUS No.89807 of 2025

Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)

======================================================

Dr. Kavita Kumari @ Kavita Kumari D/O Sudama Singh R/O VillageAkorhi, P.S.- Mohania, District- Kaimur, Work Place Address- Jay Maa Mundeshwari Hospital, P.S.- Mohania, District- Kaimur, Bhabhua

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

with CRIMINAL MISCELLANEOUS No. 89807 of 2025

Arising Out of PS. Case No.-715 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)

====================================================== Dr. Kavita Kumari @ Kavita Kumari D/o- Sudama Singh Village- Akorhi PSMohania District- Kaimur Bhabhua Work Place Address Jay Maa Mundeshwari Hospital PS-Mohania District- Kaimur Bhabhua

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 20153 of 2026) For the Petitioner/s : Mr. Saket Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 89807 of 2025) For the Petitioner/s : Mr. Saket Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

5 10-04-2026

Heard Mr. Saket Kumar Singh, learned counsel for the

petitioner and Mr. Jitendra Kumar Singh, learned APP beside Mr. Shadwal Harsh, AC to GP-2.

The supplementary counter-affidavit (in Cr. Misc. No. 89807 of 2025) has been filed by the Civil Surgeon and he

Patna High Court CR. MISC. No.20153 of 2026(5) dt.10-04-2026 2/2

has submitted apology for the earlier statement made in the counter-affidavit. Further, the document on record shows that action has been taken against the erring Hospitals/Nursing Homes in the District of Kaimur.

In that background, expecting the State Government as also the Civil Surgeon-cum-Chief Medical Officer, Kaimur at Bhabua to take remedial steps so that another woman comes out of the Nursing Home with her new born child in future and not her dead body, the Cr. Misc. No. 89807 of 2025 stands consigned.

So far as the Cr. Misc. No. 20153 of 2026 is concerned, the facts have been narrated by the petitioner which delayed her surrender before the concerned Court, In that background, the Cr. Misc. No. 20153 of 2026 stands allowed.

The period of surrender is further extended by four weeks from today.

(Rajiv Roy, J)

Adnan/-

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