JAGDISH MEMORIAL HOSPITAL, KANKARBAGH, PATNA THROUGH ITS DIRECTOR, DR. ALOK KUMAR, S/O LATE JANARDAN PRASAD SINGH, R/O 402 NUTAN VIHAR APARTMENT, NEAR KANKARBAGH POLICE STATION, P.S. Vs. THE STATE OF BIHAR THROUGH D.M. PATNA AND ANOTHER

JUDGEMENT

(1.) By way of the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner, Jagdish Memorial Hospital (For short 'the Hospital'), a private limited company, incorporated under the Companies Act, 1956, seeks quashing of the first information report (For short 'IPC') of Kankarbagh P.S. Case No. 290 of 2013 dated 07.07.2013 registered under Sec. 304 of the Indian Penal Code.

(2.) The prosecution case arises out of a written report addressed by the opposite party no. 2 to the Police Inspector-cum-Station House Officer, Kankarbagh Police Station, Patna dated 07.07.2013 alleging therein that his brother Arun Kumar Singh met with a road accident at Sonepur on 19.06.2013 in which he suffered injuries and was taken to the Referral Hospital, Sonepur where he was administered the first aid and was referred to P.M.C.H., Patna. On the same day, for better treatment, they brought to the said Arun Kumar Singh to Jagdish Memorial Hospital, Lohia Nagar, Kankarbagh, Patna and got him admitted there where he was kept in ICU-6 on 19.06.2013. It is further alleged that the informant was informed that the blood group of the said Arun Kumar Singh was 'B' positive and the same was required to be transfused immediately. The said blood was made available and it was transfused to the injured Arun Kumar Singh. As per further allegation the Hospital asked for second time to bring 'B' positive blood. On the next day, it was informed by the Hospital authorities that the kidney of the said Arun Kumar Singh was damaged due to the accident. Then on the basis of suspicion the informant again got the blood of the patient Arun Kumar Singh tested and then it was found that the same was 'O' positive which was his correct blood group. When this fact was informed to the Hospital management allegedly the informant was informed that the blood group was 'O' positive and the patient could receive any blood which fact the informant allegedly did not understand as he was not sufficiently educated. However, allegedly, later on he came to know that 'O' positive blood could be donated to anybody but cannot accept all the other blood groups. After that the condition of the patient allegedly deteriorated severely and ultimately he died on the morning on 07.07.2013. After this allegedly as the informant was thinking of lodging a complaint before the police, the employees of the Hospital allegedly broke the main gate of the Hospital and started to beat the informant and the other persons with him and allegedly said that they will get all of that photographed and will show it to the media and get the informant and the other persons sent to jail as the foundation of the Hospital was laid down by the Governor and they have contracts with the Ministers of Bihar, the Chief Minister and high officials of the Police. It is further alleged that they asked them to pay the bill of the Hospital immediately and then take away the body. In the meantime, the evidence of wrong blood transfusion was allegedly being attempted to be tampered with by the Hospital staff.

(3.) On the basis of this written report, a formal FIR bearing Kankarbagh P.S. Case No. 290 of 2013 dated 07.07.2013 was registered for the offence under Sec. 304 of the Indian Penal Code against the doctors and employees of the Hospital.