AMRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

(2.) A supplementary counter affidavit has been filed in Court today by Dr. Mahendra Sharma, the Medical Officer, Sadar Hospital, Arwal (Bihar). In his affidavit dated 10.01.2017, he has stated that he had examined the patient Madan Mohan Sharma, who had come to the Sadar Hospital through ambulance, who was referred from the Primary Health Center, Bansi. The registration of the said patient was made at the Sadar Hospital, which bears I.D. No.64015A38564 dated 26.9.2015, which has been annexed as Annexure D to his affidavit. In his affidavit, he has further stated that the patient sat on Bed No.5 of Room No.1 of Emergency Room because the patient was having trouble in walking and in paragraph 9 of the said affidavit he has further stated that "on saying of the patient and after test by the deponent has advised X-ray of the lower limbs and right arms and patient has nothing complain about chest and other pain." In paragraph 10 of the said affidavit, Dr. Mahendra Sharma has stated that the relatives of the patient demanded Orthopaedic Doctor, but he stated that no Specialist Doctor of Orthopaedics is posted here and thereafter they went out with the patient from the hospital and that the said information is recorded by the deponent in his outdoor register. He has further stated that he was on duty between 8:00 A.M. and 2:00 P.M. and during this period, the patient did not come back to the hospital again.

(3.) From the prescription of injured Madan Mohan Sharm, who was examined at 10:12 P.M. on 25.9.2015 at the Primary Health Centre Sonbhadra Banshi Suryapur, District-Arwal, which has been provided to this Court by the State Counsel, bearing O.P.D. Emergency No.1039 and having Serial No.7077 dated 25.9.2015, it is evident that the patient was suffering from chest pain and several other ailments and was referred to the higher centre for further treatment.