SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Pat) 171

ANIL KUMAR SINHA
K. Through Her Mother (pseudoname) D/o Smt. Basanti Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shivam Kumar Pandey, Advocate Mr. Abhishek Anand, Advocate
For the Respondent: Mr. Ajay Behari Sinha, Mr. Upendra Kumar Singh, Adv

JUDGMENT :

Heard learned counsel for the parties concerned.

2. The present writ application has been filed for a direction to the Respondent authorities to facilitate the medical termination of pregnancy of the minor daughter of the petitioner inasmuch as according to the petitioner, she is the victim of sexual abuse and is carrying the pregnancy of about 13 weeks.

3. Learned counsel for the petitioner submits that petitioner’s daughter is a minor girl aged about 16 years nine months and was kidnapped by the accused person namely, Ajay Kumar Pal and was kept under illegal confinement by the accused persons and after filing the habeas corpus petition by the petitioner being Cr.W.J.C. No. 86 of 2022, the daughter of the petitioner was recovered. Learned counsel further submits that the victim was medically examined and the Doctor has opined that victim girl is having a pregnancy of nine weeks at the time of her medical examination as on 11.3.2022.

4. Learned counsel referring to Section 3 of the Medical Termination of Pregnancy Act, 1971 submits that as per Section 3(b)(i)(ii) Explanation 2, the termination of pregnancy of the petitioner is permitted inasmuch as the minor, being a rape v

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top