RITU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioners have challenged the order of refusal of discharge passed by the learned 7th Additional Sessions Judge, Patna in Sessions Trial No. 376 of 2014 on 15.04.2015. The trial arises out of Kadamkuan P.S. Case No. 200 of 2011.

(3.) According to First Information Report lodged by the father of the victim-girl, the victim, aged about 20 years, was attending a coaching class in Mohalla Kadamkuan in the town of Patna. The informant was telephonically informed by a friend of the victim, namely, Tanya that the victim is lying unconscious by the road side. When the informant reached there, he found that two females were putting the victim on a rickshaw to take her for treatment in the hospital. However, in the hospital, the victim died. On query made from co-accused Tanya, it revealed that the victim had developed physical relationship with co-accused Rohit Raj and she was pregnant from Rohit Raj. To ensure abortion, she was carried by the accused persons in Budha Burn Hospital of the petitioners for abortion where abortion was done. However, the victim developed complications which resulted in her unconscious and subsequent death. Petitioners Ritu Choudhary and Vidyapati Choudhary are husband/wife and were Directors of the said Nursing Home. Other named accused were nurses and compounders involved in illegal abortion done to the victim-girls.