ANITA SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available.

(2.) This is first application filed under Sec. 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 Ss. 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.