Patna High Court - Orders
Amrendra Kumar @ Amrendra @ Nanhak Ram vs The State Of Bihar on 12 January, 2017
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25315 of 2016
Arising Out of PS.Case No. -41 Year- 2015 Thana -BANSHI District- JEHANABAD
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Amrendra Kumar @ Amrendra @ Nanhak Ram, Son of Sri Baliram Singh,
resident of village- Mogalapur, P.S.- Banshi, District- Arwal
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
10 12-01-2017Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
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 Patna High Court Cr.Misc. No.25315 of 2016 (10) dt.12-01-2017 2/6 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.
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.
A bare perusal of the register reveals that from the date of joining of Dr. Mahendra Sharma in the O.P.D., he has not made necessary entries which find blank from page to page Patna High Court Cr.Misc. No.25315 of 2016 (10) dt.12-01-2017 3/6 in the Register of the Sadar Hospital, Arwal, produced before me, particularly on 26.9.2015. It appears from that though the patient did not report back during the period he was there on duty, subsequently, an entry has been made stating that the "patient absconded", which does not appear to be in the same ink and pen. This shows that there has been some underhand means, which requires to be inquired into. Certain cuttings appear in the Register which need to be explained and for the said reason, it is directed that the concerned Doctor may be called upon to explain as to why and when and at what point of time, he has recorded the statement "absconding" without giving his signature below the said endorsement in the Register. It also appears from his affidavit that after he came away from duty, one Dr. Vishal Kumar Rana has come on duty, who had not seen any patient on Bed No.5 of Room No.1. No entries of Bed No.5, which is said to be in front of the entrance, have been made either by the deponent Dr. Mahendra Sharma or by the subsequent Doctor attending the O.P.D. where Bed No.5 is supposed to be.
It is interesting to note that the deponent Dr. Mahendra Sharma has reported in paragraph 13 of his affidavit, which is reproduced herein, that "at about 3:20 P.M. somebody has come to Dr. Vishal Kumar Rana and said to Patna High Court Cr.Misc. No.25315 of 2016 (10) dt.12-01-2017 4/6 treatment. Dr. Rana has saw the patient was no more and patient was lying on Bed No.5 of Room No.1 of Emergency Room and thereafter he informed the Police Station at about 3:30 P.M. about brought dead of patient thereafter police has prepared inquest report and thereafter he has done post- mortem".
It is the said Dr. Vishal Kumar Rana who has also conducted the post-mortem and submitted the report, in which he has clearly reported the fracture of the ribs of the deceased Madan Mohan Sharma.
In the affidavit filed today, Dr. Mahendra Sharma has clearly stated that if any patient has died during treatment in his hospital, the details of the patient is recorded in the death register, but the patient details is not mentioned in the death register.
Thus, despite deep inquiry by this Court, though the body of the deceased Madan Mohan Sharma was received for post-mortem from Bed No.5 of Sadar Hospital, Arwal, the picture did not seem clear even despite several affidavits. Any dead body cannot be found to be on the Hospital bed without there being any entry made to it. The entire thing seems wholly irregular which calls for an inquiry by this Court.
Let the Superintendent of Sadar Hospital, Arwal Patna High Court Cr.Misc. No.25315 of 2016 (10) dt.12-01-2017 5/6 issue show cause notices to both the Doctors present on the said date, who had been on duty from the time the patient Madan Mohan Sharma came to Sadar Hospital, Arwal till the time the body was handed over by the police after inquest for post-mortem examination. The said Doctors must also explain as to why proper entries were not made in the OPD/Emergency Register in cases which have been sent to them by the police and also otherwise.
The Civil Surgeon, Arwal shall oversee and ensure that the inquiries conducted against the said Doctors are also in accordance with the departmental rules, so that the authority may not escape their liabilities.
Let a copy of this order be communicated to the Principal Secretary, Department of Health, Bihar, Patna so that the authorities do not linger the matter for a long time.
Let the report with regard to the inquiry be sent to this Court at the earliest.
Having considered the facts and circumstances of the case and that there is serious discrepancy in the prosecution story, which has been pointed out by the learned counsel for the petitioner and which finds substantiated by the discrepancy in the medical register, let the petitioner, Amrendra Kumar @ Amrendra @ Nanhak Ram, in the event of his arrest or Patna High Court Cr.Misc. No.25315 of 2016 (10) dt.12-01-2017 6/6 surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Banshi P.S. Case No.41 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Let a photo copy of Pages 130, 131 and 132, which relate to date 26.9.2015 of the O.P.D. register of Sadar Hospital, Arwal and also the registration and prescription of the patient Madan Mohan Sharma of O.P.D. Emergency No.1039 of Primary health Centre, Sodbhadra Banshi Suryapur (Arwal) be kept on record of this case.
(Anjana Mishra, J)
PNM
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