MANJUBALA MOHANTY AND ORS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Ablapl No. 15017 of 2015 and ABLAPL No. 15076 of 2015

(2.) On 24.05.2015, deceased-Anupama Sahoo had undergone treatment at Suraskhya Nursing Home being admitted by Manager-Bipin Bihari Senapati. As per the instruction of Dr. Manjubala Mohanty, two nurses, namely, Mini @ Menaka Pradhan and Tila @ Soudamini Rout attended the deceased and committed miscarriage of Anupama Sahoo. During abortion of the pregnancy of deceased-Anupama Sahoo, she suffered from Hemorrhagic shock due to uterine perforation and such complication led her to death. As per the direction of Dr. Manjubala Mohanty, Manager-Bipin Bihari Senapati arranged Ambulance for shifting dead body of the deceased to her village without informing the matter to the Police.

(3.) Thus it is apparent from the records that Dr. Manjubala Mohanty and Bipin Bihari Senapati were running a Nursing Home illegally without proper authorization and registration and they have been instrumental in admitting a pregnant woman for abortion, which was carried out by two persons, who are not properly trained and that has led to death of the deceased. This Court is of the opinion that the offences under Sections 314 and 109 of the Indian Penal Code, 1860 and Section 23 of the PCPNDT Act, 1994 are made out against the present petitioners though the offence under Section 304-B IPC may also be made out after their interrogation. Keeping in view the nature of allegations and the facts of the case, this Court is of the opinion that the custodial interrogation of the petitioners are necessary and hence this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, both the bail applications, bearing No. 15017/2015 and 15076/2015, are hereby dismissed. The interim order dated 15.10.2015 passed in both the bail applications, which were extended from time to time, shall stand vacated.