ORDER 1. Case diary is available. 2. This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as she is apprehending her arrest in connection with Crime No.747/2022 registered at Police Station - Murar, District Gwalior (M.P.) for offence punishable under Sections 304-A, 420, 308, 316, 120-B of IPC. 3. As per prosecution story, complainant's wife was carrying the second pregnancy and was undergoing treatment from Dr. Rajni Jain, who had opined her expected date of delivery as 15/11/2021. Her first child was delivered after performing cesarean operation. On 20/11/2021 at about 7:00 hours owing to labour pain, complainant's wife was taken to Jachcha Khana Morar alongwith Anganwadi Worker, namely, Pushplata. Since Dr. Rajni Jain was not available in the hospital, therefore, complainant's wife was attended by the applicant, who under the pretext of spread of infection advised to admit complainant's wife in Rudraksha Hospital, Morar and said that she will ensure complainant's wife's delivery by performing cesarean operation. Thereafter, on the same day at about 8:00-9:00 hours complainant's wife was admitted in Rudraksha Hospital, Morar, in presence of Director of the Hospital, namely, Dr. Sanjeev Sharma and other Nurses, where applicant came and after examining complainant's wife, started her treatment and thereafter, applicant went away saying that she will perform the operation on the next morning, i.e. on 21/11/2021, at about 3:00-4:00 hours. 3.1 On 21/11/2021 at about 4:00-5:00 hours owing to severe labour pain, complainant's wife was taken to the Labour Room by the Staff Nurses, namely, Prabha and Meena. Thereafter, the Staff Nurses tried to contact the applicant as well as Dr. Jyotishna Singh, Gynecologist, who was enlisted in the list of doctors of the said hospital, but since neither of them came to the hospital and complainant's wife was experiencing severe labour pain, therefore, aforesaid Staff Nurses alongwith others tried to perform normal delivery of complainant's wife and while doing so, they put pressure on complainant's wife's abdomen, due to which stitches of her first delivery got split and her uterus came out. Thereafter, the Staff Nurses of the hospital again tried to call the applicant, but she did not turn up and came to the hospital after about three hours therefrom at about 7:30 hours and despite serious health condition of complainant's wife, instead of treating her, advised to refer her to some other hospital, thereby committed gross negligence in discharge of her duties as a Doctor. Thereafter, Dr. Manpreet Kaur came there, who also refused to perform any surgery saying that because of excessive bleeding, complainant's wife's BP was low and expressed the possibility of death of the fetus in the womb and referred her to Birla Hospital. Thereafter, complainant's wife was taken to Birla Hospital, wherefrom she was referred to Apolo Spectra Hospital, where the doctors told that the fetus has already died, however, after undergoing long treatment, complainant's wife could be saved. 4. Learned counsel for the applicant submits that applicant neither attended complainant's wife nor advised her to get admitted in Rudraksha Hospital, Morar. Admittedly, on 21/11/2021 at the time of incident, i.e.4:00-5:00 hours applicant was neither present in Rudraksha Hospital, Morar nor negligently put pressure on complainant's wife's abdomen, due to which, it is alleged that stitches of her first delivery got split and her uterus came out and her fetus died. Offence punishable under Section 316 of IPC is not made out against the applicant. Rest all the offences are punishable not more than seven years of imprisonment. Her custodial interrogation is not required. Therefore, her application may be disposed of in the light of the direction given by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar & another [ (2014) 8 SCC 273 ]. 5. Learned counsel for the respondent/State as well as learned counsel for the complainant have opposed the prayer, but fairly conceded that at the time of delivery of complainant's wife, applicant was not present in Rudhraksha Hospital, Morar. They further submits that applicant herself advised complainant's wife to get admitted in Rudraksha Hospital and even after assurance, she neither received the call nor came to the hospital at the time of her delivery. During enquiry conducted under the instructions of CMHO, Gwalior, she was found negligent in discharge of her duties. Hence, she is not entitled for any relief. 6. Heard learned counsel for both the parties and perused the record. 7. During enquiry conducted under the instructions of CMHO, Gwalior, she was found negligent in discharge of her duties. Hence, she is not entitled for any relief. 6. Heard learned counsel for both the parties and perused the record. 7. Having considered the rival submissions and nature of allegations alleged against the applicant, although the applicant does not deserve to be enlarged on anticipatory bail, but considering the submissions made by the learned counsel for the applicant with regard to the fact that ingredients of Section 316 of IPC do not attract against the applicant and rest all the offences alleged against the applicant are punishable with not more than 7 years of imprisonment and Section 41(1) of Cr.P.C. provides that the offences for which punishment prescribed is imprisonment for a term upto seven years, the accused may be kept in custody only if the condition enumerated under Section 41(1)(b)(ii) of Cr.P.C. exists as well as considering the fact that in the case of Arnesh Kumar (supra), the Apex Court has held as under:- "......the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorize his further detention and release the accused...". therefore, in view of the observations laid down in the judgement referred above, I deem it fit to direct as under :- (i) That, the police may resort to the extreme step of arrest only when the same is necessary and the applicant fails to cooperate in the investigation. (ii) That, the applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the investigation, then the occasion of her arrest should not arise. (iii) That, if the applicant-accused person is arrested and she wants to file application under Section 437 of Cr.P.C. for regular bail before lower Court, then she will be produced before the lower Court without any delay. 7.1 Lower Court is also directed to consider her bail application as expeditiously as possible, preferably, on the same day. 7.2 This application is disposed of with the aforesaid directions. 7.3 Certified copy, as per Rules.