IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5286 of 2017
1. Indu Devi Wife of Vinod Sharma, Currently residing at ‘Shanti Kutir’,
Mahila Punarwas Kendra, Patliputra, P.S.-Patliputra, District-Patna,
Destitute Under the Care of ‘Shanti Kutir’, Mahila Punarwas Kendra,
Patliputra, P.S.- Patliputra, District-Patna.
…. …. Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Social Welfare
Government of Bihar, patna.
2. The Superintendent, Patna Medical College and Hospital, Patna.
3. Youth Mobilisation for National Advancement, through its Secretary,
Kumar Deepak, having its Office at Saket, 26/B, Road No. 3B, New
Patliputra Colony, Patna.
4. Smt. Shradha Sinha, Home Superintendent, Shanti Kutir, Mahila
Punarwas Kendra, Patliputra, P.S.-Patliputra, District-Patna.
5. Koshish, Field Action Project of Tata Institute of Social Sciences,
through its Director, Md. Tarique, having its Office at 43, Saurabh
Extension, 4th Floor, Behind J.D. Women’s College, P.S.-Shastri Nagar,
Patna.
6. Ms. Apurva Vivek, Research Officer, Koshish, Field Action Project of
Tata Institute of Social Sciences, through its Director, Md. Tariq, having its
office at 43, Saurabh Extension, 4th Floor, behind J.D. Women’s College,
P.S. – Shastri Nagar, Patna
7. Nokhe Lal Sharma Son of Not Known, R/O Chowk Shikarpur
Vishwakarma Handis, District – Patna
8. Vineet Sharma Son Not known, R/O Rastriya Ganj, P.S. Phulwarisarif,
District – Patna
9. S.S.P., Patna
10. Director, IGIMS, Bailey Road, Patna.
…. …. Respondent/s
Appearance :
For the Petitioner/s : Mr. Ansul
Mr. Anuj Kumar,
Mr. Archit Rajpal, Advocates
For the Respondent/s : Mr. Kaushal Kr. Jha- AAG 8
For the IGIMS : Mr. Sunil Kumar, Advocate
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 10-04-2017 Heard Mr. Ansul, learned counsel for the
petitioner, Mr. Kaushal Kr. Jha, learned AAG 8 for the
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respondent-state and Mr. Sunil Kumar, learned counsel for
I.G.I.M.S.
The present writ application has been filed with a
prayer to ascertain the physical condition including the stage of
pregnancy as well as possibility of terminating pregnancy of the
petitioner who accidentally conceived about twenty weeks ago
on account of being subjected to forceful sexual intercourse and
now she has been found HIV+(positive). The further prayer is to
provide medical care to the petitioner and to provide adequate
facilities for her rehabilitation.
It is submitted by learned counsel for the
petitioner that the petitioner is a destitute and she was rescued
by the Field Co-ordinators of ‘Shanti Kutir’, Mahila Punarwas
Kendra, Patliputra, Patna which is run by the NGO Youth
Mobilisation for National Advancement under a scheme known
as Mukhyamantri Bhikshavriti Nivarana Yojana under Social
Welfare Department of Government of Bihar. Consequently, the
petitioner was brought to NGO on 25.1.2017. The pathological
tests were conducted on 26.1.2017 and 8.2.2017 which revealed
that the petitioner was carrying pregnancy of 13 weeks and 6
days. The medical reports have been brought on record as
Annexure 1.
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Subsequently, the petitioner was examined by Dr.
Rakesh Kumar, Consultant, Neuro-Psychiatrist, who noticed
abnormal behaviour and wandering tendency. The medical
prescription has been brought on record as Annexure 2. On
2.2.2017 and 6.3.2017 the petitioner was taken to Patna Medical
College Hospital (hereinafter referred to as ‘PMCH’) where a
number of tests were done. On 3.4.2017 it was found that the
petitioner is HIV+ (positive) and she is carrying pregnancy of 20
weeks. The medical report dated 3.4.2017 has been brought on
record as Annexure 4.
Learned counsel for the petitioner further submits
that Mrs. Shradha Sinha, Home Superintendent of Shanti Kutir
(Women Rehabilitation Centre) requested the Superintendent of
PMCH on 18.3.2017 for the medical care of the petitioner but
nothing was done. It is further submitted that the husband of the
petitioner has deserted her and brother and father were also
contacted but they also declined to take care of the petitioner.
On 18.3.2017 itself, Patna Mahila P.S. Case No. 13 of 2017 was
registered under section 376 IPC against unknown.
In view of the above facts, it is submitted that the
petitioner wishes for getting the pregnancy terminated and for
the said purpose prayer is made for getting the petitioner
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examined by medical board for coming to a definite opinion
about the stage of pregnancy of the petitioner and the prospect
of its termination at this stage keeping in view of the present
mental and physical condition of the petitioner and the fetus.
Mr. Ansul, learned counsel for the petitioner and
Mr. Kaushal Kumar Jha, learned AAG – 8 agrees that the
medical examination of the petitioner be made by a Board of
Doctors of I.G.I.M.S., Patna.
Learned counsel for the petitioner is permitted to
implead the husband, father of the petitioner, Senior
Superintendent of Police, Patna and Director, IGIMS, Patna as
party respondents.
Issue notice to Respondent nos. 7 and 8 under
ordinary process as well as by registered cover with A/d for
which requisites etc. must be filed by tomorrow, i.e., 11.4.2017
failing which this application as against them shall stand
rejected without further reference to the Bench.
Respondent no. 4 is appearing in person. It is
expected from respondent no. 4 to file a counter affidavit in the
matter by 17.4.2017. Learned AAG 8 Mr. Kaushal Kishore Jha
is also expected to file counter affidavit both on behalf of the
respondent nos. 1, 2 and 9, State of Bihar, Superintendent,
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PMCH and the Senior Superintendent of Police, Patna,
respectively.
The Senior Superintendent of Police, Patna is
expected to submit an interim report by 17.4.2017 with regard to
the progress in investigation of Patna Mahila P.S. Case No. 13
of 2017 as also with regard to the time frame in which the
investigation is likely to be concluded.
Mr. Sunil Kumar, learned counsel for the IGIMS,
Patna appears and accepts notice on behalf of respondent no. 10.
Let the Director, IGIMS, Patna constitute a
Medical Board consisting of Head of the Department of
Gynaecology, Head of the Department of Neurology, Head of
the Department of Forensic Medicine, Incharge, Ante viral
Therapy Centre or any Doctor of such branch. The Director,
I.G.I.M.S. will be at liberty to nominate one or more Doctors as
Members of Medical Board. It is expected from such Medical
Board to examine the petitioner with regard to her present
physical and mental stage which includes the stage of
pregnancy, over all condition of fetus, how far the termination
of pregnancy will be detrimental to the petitioner and if the
petitioner is allowed to complete the full course of pregnancy
then how far it will be detrimental to the petitioner and the fetus,
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particularly, in view of the earlier medical report suggesting the
petitioner being mentally abraised and H.I.V.+ (positive),
whether it will be medically safe to allow her to complete the
whole course of pregnancy and give birth to a baby.
The petitioner for the first time will make herself
available before the Director, IGIMS, Patna on 11.4.2017 at
10.30 A.M. and thereafter the Director will fix further time
schedule.
It is expected from the Director, IGIMS to get a
comprehensive report prepared through Medical Board and get
the same submitted to this Court on 17.4.2017 at 10.30 A.M.
List this matter on 17.4.2017 for Admission at
10.30 A.M.
Let a copy of this order be handed over to the
learned counsel for the petitioner, learned AAG 8, learned
counsel for the IGIMS as well as learned counsel for the NGO.
(Dinesh Kumar Singh, J)
Anil/-
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