Patna High Court - Orders
Ms. Abc vs The State Of Bihar on 18 March, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4070 of 2026
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Ms. ABC Daughter of XYZ, Resident of Chittanpur, P.S. - Asaon, District -
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Principal Secretary, Department of Home, Government of Bihar at
Patna.
4. The Principal Secretary, Department of Health, Patna.
5. The District Magistrate, Siwan.
6. The Superintendent of Police, Siwan.
7. The Medical Superintendent, Patna Medical College and Hospital, Patna.
8. The Member Secretary Bihar State Legal Service Authority, Buddh Marg,
Patna.
9. The Director, All India Institute of Medical Sciences, Patna.
10. Mutun Ram @ Mintu, S/o Lal Mohan Ram, Resident of Village- Kothheya
@ Kotea, P/S- Jalalpur, District- Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Adv.
Mr. Gautam Raj, Adv.
For the Respondent/s : Mr. Government Advocate (08)
For the Resp. No.9 : Mr. Binay Kumar Pandey, Adv.
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-03-2026Heard learned counsel for the parties.
2. Counsel for the petitioner submits that one Mutun Ram @ Mintu, who is an accused in the Mahila P.S. case No. 34 of 2025, established physical relations with the Petitioner on 15.11.2020, under the false pretext of marriage. During the course of establishing the physical relationship, the accused recorded objectionable videos of the Petitioner, on which he Patna High Court CWJC No.4070 of 2026(2) dt.18-03-2026 2/5 subsequently used to blackmail her into continued physical relations and extorted a sum of Rs. 1,00,000. Following the registration of aforementioned case, the Petitioner was fraudulently induced into a compromise petition dated 09.09.2025, relying on the assurance from the accused and his family that he would solemnize the marriage upon his release. However, immediately following his release, the accused continued his deceitful conduct, visiting the Petitioner on 27.09.2025, coercing her into physical relations again under false promise of marriage, which resulted in a pregnancy. Thereafter, on 14.01.2026, when the accused and his family members deceitfully lured the Petitioner to their residence; there, they subjected her to threat, abuse and physical assault and deliberately kicked on her abdomen which intended to cause into miscarriage, thereby causing grave physical injury, humiliation and trauma to the petitioner, leading to an F.I.R. P.S. Case No. 17 of 2026. Nonetheless, the accused continued to exploit the Petitioner through repeated rape and false assurances of marriage, leading to the current pregnancy, which was confirmed via ultrasound on 01.02.2026. As of the filing of this petition, the pregnancy has progressed to approximately 21 weeks and 2 days, leaving the Petitioner in a state of profound Patna High Court CWJC No.4070 of 2026(2) dt.18-03-2026 3/5 mental agony, social stigma, and persistent emotional trauma.
3. The Hon'ble Apex Court in the landmark judgment of Suchita Srivastava & Anr. vs. Chandigarh Administration (2009) 9 SCC 1, in para 22 has held that it is A woman's right to make reproductive choices is also a dimension of "personal liberty" as understood under Article 21 of the Constitution. Reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman's right to privacy, dignity and bodily integrity should be respected.
4. In view of the aforesaid facts, it is submitted by the learned counsel for the petitioner that the petitioner wishes for getting the pregnancy terminated and for the said purpose prayer is made for getting the petitioner examined by medical board for coming to a definite opinion about the stage of pregnancy of the petitioner and the prospect of its termination at this stage keeping in view of the present mental and physical condition of the petitioner and the foetus.
5. Considering, the aforesaid facts and circumstances of the case and law laid down by the Hon'ble Apex Court, this court is of the view that a Medical Board be constituted under Medical Termination of Pregnancy Act to evaluate the mental and physical health of the petitioner and to determine the Patna High Court CWJC No.4070 of 2026(2) dt.18-03-2026 4/5 feasibility of the medical termination of her pregnancy and the risk factor for termination shall be explained to the petitioner.
6. Accordingly, the Director, AIIMS, Patna, is directed to constitute a Medical Board as per Section 3 (2D) of the Medical Termination of Pregnancy (Amendment) Act, 2021, which comprises: (i) a Gynaecologist (ii)a Paediatrician, (iii) a Radiologist or Sonologist and (iv) such other number of members as may be notified in the Official Gazette by the State Government or Union territory, as the case may be, who may be found necessary to be a member of the Medical Board. After constitution of the Medical Board, necessary intimation to the petitioner shall be appropriately communicated for appearance before the Board for carrying out necessary procedures.
7. The Petitioner is directed to approach the Respondent No. 9 within a period of three days from today and the petitioner is also given liberty to request for preservation of the placenta after following the necessary protocol protecting her rights in the pending criminal case. Further, the Director, AIIMS is directed to produce the report prepared by the medical board before this Court for consideration on 26.03.2026.
8. With regard to the cost of preservation of placenta and Patna High Court CWJC No.4070 of 2026(2) dt.18-03-2026 5/5 other material evidences connected with the issues, in question, for criminal case, a separate order shall be passed.
(Ajit Kumar, J) rishi/-
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