IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7085 of 2011
JITENDRA SWAMI
Versus
THE STATE OF BIHAR
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7/ 27.4.2011 Heard.
By its order dated 18.3.2011, the court had applied its own
option for getting the petitioner checked up by Dr. Virendra Prasad
Sinha (Dr. V.P. Sinha), who was informed to be Associate
Professor, Cardiology Department, PMCH, Patna and direction in
that behalf were clearly issued by that particular order.
It appears that in pursuance to that order of this Court, the
petitioner was produced before Dr. Sinha and, accordingly, he was
admitted in his ward for carrying out the tests as per direction of this
Court and, lastly, after fully affiliating the health conditions of the
petitioner, the petitioner was discharged on 4.4.2011. Dr. Sinha has
submitted his report in an envelope, which is available at Flag – „H‟
and it appears from the prescriptions, which contains the advice, that
“in view of PTCA re-evaluation of Stent for thrombosis/closure is
needed so evaluation should be done at AIIMS, CTVS Deptt., New
Delhi”.
In the light of the above advice, it is desirable that the
petitioner should be shifted under proper escort at the cost of the
State Government from District Jail, Siwan to the concerned
Department/Ward of the department for evaluation at convenient
time and not beyond fifteen days of the receipt of the copy of the
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present order. The doctors, who could be carrying out the tests in
AIIMS, if necessary, shall admit the petitioner for necessary check-
up and tests and after treating the petitioner in a maximum period of
one week, as per the requirement of his health conditions, shall
discharge him whereafter the petitioner shall be lodged again in
District Jail, Siwan. It may be pointed out to all concerned that no
undue delay in taking the petitioner to AIIMS, New Delhi and
bringing him back to Siwan Jail shall be made by any one who could
be concerned or had the duty to comply the present order. No doctor
shall keep the petitioner for any period more than could be required.
In the light of the above order, the learned senior counsel
Shri Rajendra Prasad Singh, seeks to withdraw the petition on
account of the fulfillment of the purpose of filing the petition with
liberty that, he will be filing a fresh petition, if need be, in future.
This petition stands dismissed as withdrawn with the
above direction on compliance of the present order.
Let a copy of the present order be transmitted to the trial
court, i.e., Additional Sessions Judge – I, Siwan through Fax, who
will inform all concerned by enclosing a copy of the present order.
Anil/ ( Dharnidhar Jha, J.)