MANJU BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. for pre-arrest bail in FIR No. 378 dated 29.8.2002 under Sections 313, 338, 506 IPC registered at Police Station, Hodal, District Faridabad. The case of the prosecution is that complainant Lata was having pregnancy of 2-1/2 months. On 16.7.2002 she along with her mother Gianwati went to Bansal Medicare Centre to consult about her ailment of weakness. The doctor prescribed some medicines for her ailment and was directed to come after 20 days for check up. On 5.8.2002 she again went to Bansal Medicare Centre along with her brother's wife Shakuntala. The complainant was subjected to ultra sound and she was advised to clean the womb. It is the case of the complainant that she refused but she was taken in a room forcibly by Rajesh, sister of her husband who was employed as Nurse in that hospital. She was given injection and glucose on her left hand. She was administered anesthesia. Her womb was cleaned. She remained under the influence of anesthesia. When she became conscious, her left hand was swollen to a great extent. She enquired from Rajesh what was happened then Rajesh replied that it would be alright.

(2.) THE doctor told the complainant that there is nothing abnormal to her hand and it will be all right during night. The hand of the complainant remained inactive and her fingers turned black. The complainant again went to the Nursing home of the petitioners. The petitioner gave two/three injections and also gave ointment and sent (her) back. The complainant developed severe pain. She was advised by the petitioners to be taken to Delhi. The doctor at Delhi advised to chop off the hand. The complainant was taken to Escorts Research Centre, Faridabad. There also same advise was given. Ultimately her hand was chopped off in Gurunanak Hospital, Palwal. The further case of the complainant is that the doctor has not given the papers of the history sheet of his disease and there was exchange of hot words between the doctor and the family members of the complainant. Now the petitioners are apprehending that they may not be arrested in this case.

(3.) SHRI K.S. Chauhan, DAG, Haryana assisted by Shri R.M. Singh, Advocate submitted that sister of the husband of the complainant was employed as Nurse in Bansal Medicare Centre and at her instance DNC was done forcibly. He contended that the petitioners have committed criminal act.