JUDGMENT :

ANIL KUMAR SINHA, J.

1. The petitioner/ABC is a rape survivor who is minor aged about 16 years has preferred the present writ application through her father seeking the medical termination of unwanted pregnancy.

2. The brief facts of the case is that the victim/petitioner aged about 16 years resided in Mubarakpur village at Samastipur with her mother, brother and sister while her father was living in Hyderabad in order to earn his livelihood as daily wager. On 03.03.2022, the victim lodged an FIR bearing Women PS Case No. 13/2022 under Sections 376, 341, 323 and 506 of the IPC and Section 7 of Protection of Children from Sexual Offences Act at Mahila Police Station, Samastipur alleging therein that the accused person named in the FIR abused her sexually for the last many months. Thereafter, she started keeping unwell with complications like vomiting, stomachache etc. When the father of the victim arrived in the village and the family members noticed some abnormality in the activity of the girl, she disclosed the fact that she was being sexually abused and raped by the accused person named in the FIR. A pregnancy test was conducted by the family members through pregnancy test kit in which she was found pregnant. The father of the victim went to the house of accused person on 25.02.2022 to inquire about the incident and the accused told the victim’s father that he would facilitate the abortion of the victim girl. After registration of the FIR on 03.03.2022, statement of the victim girl was recorded under Section 164 of the Cr.P.C. on 05.03.2022. On 04.04.2022 i.e. one month after lodging of the FIR an application under Section 3 of the Medical Termination of Pregnancy Act, 1971 (for brevity ‘MTP’) was filed before the court of learned Additional Sessions Judge-VI-cum-Special Court (POCSO), Samastipur on behalf of the victim girl for medical termination of the pregnancy of the victim girl. The learned Additional Sessions Judge-VI-cum-Special Court (POCSO), Samastipur directed the Child Welfare Committee, Samastipur to take appropriate action in the best interest of the victim. In compliance of the aforesaid order, Child Welfare Committee, Samastipur directed the Medical Superintendent, Sadar Hospital, Samastipur to constitute the Medical Board with a direction to submit its report at the earliest.

3. The report of the Medical Board was produced before the Special Court through the Child Welfare Committee vide CWC letter No. 182/22 dated 11.04.2022. The Medical Board found that the age of the foetus was of 26+2 weeks and opined that if the medical termination is done at this stage, there is a possibility of ante-portem or post portem haemorrhage of the victim as well as foetus. Relying upon the opinion of the Medical Board, learned Special Court (POCSO), Samastipur rejected the application of the victim vide order dated 12.04.2022 (Annexure-2).

4. Thereafter, the petitioner filed the present writ application on 20.04.2022 and the Registry of this Court directed for expeditious registration and listing of the case and upon urgent motion made by the learned counsel for the petitioner on 25.04.2022, the writ application was ordered to be listed on priority basis and accordingly, the case came on my board on 27.04.2022. On 27.04.2022 itself, upon hearing the submissions advanced on behalf of the learned counsel for the petitioner as well as State, I directed for constitution of seven members Medical Board consisting of the following doctors to examine the victim/petitioner and her foetus at AIIMS, Patna:

(I) PROF. (DR.) SAURABH VARSHNEY, Director, A.I.I.M.S. Patna

(II) DR. HEMALI HEIDI SINHA Professor and Head of Department, Obstertric and Gynaecology

(III) DR. MUKTA AGARWAL Additional Professor, Department of Obstetrcis and Gynaecology

(IV) DR. PANKAJ KUMAR, Additional Professor and Head of Department, Psychiatry

(V) DR. LOKESH