DR. BIBHA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 04.01.2013 passed by the Chief Judicial Magistrate, Purnea, in K. Hat P.S. Case No.420 of 2002, by which the learned Magistrate has taken cognizance against the petitioner under Section(s) 304 Indian Penal Code.

(2.) The prosecution case, as alleged in the written report of the informant, is that wife of the informant was admitted in the Nursing Home of the petitioner for delivery on 10th November, 2002. The doctor (petitioner) was absent during delivery. The trained Daai of this petitioner performed delivery. The wife of the informant started bleeding heavily just after the delivery. The doctor did not turn up in spite of several requests. The doctor came after few hours and told that the patient needs blood. The doctor discharged the patient after blood transfusion and told that she was okay. The wife of the informant became senseless in the morning. She was brought to the same doctor by the informant immediately. The doctor told this is general weakness and the patient was again taken back to her home. In the evening, the patient started sinking and was taken to the Nursing Home of the petitioner where her husband, Dr. P.C. Jha, told to arrange blood. He told that he can arrange blood even tomorrow. It is further alleged that in spite of several request, the petitioner did not turn up and the wife of the petitioner passed away without any treatment.

(3.) In the instant case, the police after investigation submitted Final Report. The Court below after looking into the case diary has found that several witnesses have supported the case of the informant in para 3, 4, 5, 6, 7, 8, 14 and 15 of the case diary. The court below also perused the Inquest Report and Post Mortem Report, which were available in the case diary. The Court below on the basis of restatement of the informant and the statement of witnesses, Inquest Report and Post Mortem Report came to the finding that a prima facie case for the offence under Section(s) 304 Indian Penal Code is made out against Dr. Bibha Jha and has taken cognizance under Section 304 Indian Penal Code against the petitioner-accused.