SHEONANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 30.1.2006 passed by learned 1st Additional Sessions Judge, Aurangabad, in Cr. Revision No.35 of 2005 whereby the revision application filed by the petitioner has been rejected as also the order dated 25.5.2005 passed by Sri Ra -tan Kumar, Judicial Magistrate, 1st Class, Aurangabad, whereby he has taken cognizance against the petitioner under Section 316 I.P.C. as also sections 3/4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC/ST Act ') in Complaint Case no. 939 of 2004.

(2.) ACCORDING to the complaint case filed by one Jagdish Ravi Das, the father of the victim lady on 28.9.2004 against the petitioner herein, it was alleged inter alia, that he admitted his daughter, Jaso Devi, who was in an advanced stage of pregnancy in the hospital run by the petitioner on 21.9.2004 in the presence of Munna Ram, Ajay Ram, Dulari Devi, Ramashish Ram and Rajaram Yadav and a sum of Rs. 1500/ - was deposited with the petitioner by way of his fees, it is said that at about mid night Jaso Devi gave birth to a child under normal circumstances but thereafter the petitioner herein demand a sum of Rs. 6000/ - for the treatment of the mother and the child. 1/1/2013 Page 180 Ram Kumari Devi Versus State Of Bihar However, since the complainant had nothing with him at that moment for paying to the Doctor he feigned his helplessness and promised to pay the amount by the next morning. However, the accused doctor is said to have driven away the patient from his clinic at mid night without any medical aid being rendered to her or the newly born child. The lady with the child was forced to remain on the road which resulted in the death of the newly born child. It was alleged that since the patient was a Harijan she and the newly born child were thrown on to the road without any medical attention.

(3.) ADMITTEDLY no allegation either of mal -treatment or misbehaviour has been levelled against the doctor by Jaso Devi who allegedly lost her newly born child. It is also an admitted position that no post mortem examination of the dead body of the newly born child was held. Further more Jaso Devi does not complain of or support the allegation of her father to the effect that she and her newly born child were thrown out of the hospital at mid night.