RAKESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application under section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") has been filed for setting aside the order dated 01.10.2010 passed by the learned Judicial Magistrate 1st Class, Patna in Complaint Case No. 1743(C) of 2010, whereby, finding a prima facie case to be made out for the offences punishable under sections 269 and 338 of the Indian Penal Code, the petitioners have been summoned in exercise of power conferred under section 204 of the Code.

(2.) The prosecution story, in short, according to a complaint filed by the opposite party no.2, namely, Ranjit Kumar is that the wife of the complainant delivered a male child on 02.07.2009, who, since his birth, was suffering from pneumonia with jaundice and due to these problems, he developed asphyxia (HIE Stage III) and that is why he was referred to the Mahavir Vatsalya Hospital for treatment of aforementioned disease on 4th July, 2009. After admission in Mahavir Vatsalya Hospital on 4th July, 2009, the then Dr. Gautam Kishore Verma (Petitioner No.2) working on the material point of time referred the aforesaid child of the complainant for cranium study to Dr. Uday Pathak in the same hospital in the department of Radiology. After aforementioned test, petitioner no.2 diagnosed that the patient was suffering from pneumonia as well as jaundice and, for the same, treatment was provided to the child, who got cured but the intravenous supply continued even after the medicine given to the said child was stopped. Because of intravenous supply of the said fluid whole body of the neo-natal patient swelled up. This happened when the child was only five days old. Considering the aforementioned symptom, Dr. Rakesh Kumar Singh (Petitioner No.1) stopped giving fluid through the hands of the said child and the syringe for giving the said fluid was taken out from the hands of the said child but the syringe for supply of fluid was attached on the leg of the said child by compounder Raju on the advice of Dr. Rakesh Kumar Singh.

(3.) It has been further alleged that the petitioners as well as the management of Mahavir Vatsalya Hospital and the compounder of the said hospital have acted negligently as a result of which the child developed infection of another kind because of which his right leg upto the knee had to be amputated. It has further been alleged that the accused persons had extracted about Rs.1.25 lakhs from the complainant on the pretext of special, personal care to the child as well as specific and particular treatment of the ailment so that the same could be fully cured. The aforementioned amount was taken by the accused persons in various installments on various pretext at various time.