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Indu Devi vs The State Of Bihar & Ors on 10 April, 2017

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
Patna High Court CWJC No.5286 of 2017 (2) dt.10-04-2017

2/6

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.

Patna High Court CWJC No.5286 of 2017 (2) dt.10-04-2017

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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
Patna High Court CWJC No.5286 of 2017 (2) dt.10-04-2017

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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,
Patna High Court CWJC No.5286 of 2017 (2) dt.10-04-2017

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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,
Patna High Court CWJC No.5286 of 2017 (2) dt.10-04-2017

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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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