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2003 Supreme(P&H) 1332

NIRMAL SINGH
Manju Bansal – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioners:Shri Gaurav Chopra and Sh. B.S. Tewatia, Advocates.
For the Respondent:Shri K.S. Chauhan, D.A.G., Haryana and Shri R.M. Singh, Advocate.

JUDGMENT

Nirmal Singh, J. - This is a petition under Section 438 Criminal Procedure Code for pre-arrest bail in FIR No. 378 dated 29.8.2002 under Sections 313, 338, 506 Indian Penal Code registered at Police Station, Hodal, District Faridabad.

The case of the prosecution is that complainant Lata was having pregnancy of 2-1/2 months. On 16.7.2002 she along with her mother Gianwati went to Bansal Medicare Centre to consult about her ailment of weakness. The doctor prescribed some medicines for her ailment and was directed to come after 20 days for check up.

On 5.8.2002 she again went to Bansal Medicare Centre along with her brothers wife Shakuntala. The complainant was subjected to ultra sound and she was advised to clean the womb. It is the case of the complainant that she refused but she was taken in a room forcibly by Rajesh, sister of her husband who was employed as Nurse in that hospital. She was given injection and glucose on her left hand. She was administered anesthesia. Her womb was cleaned. She remained under the influence of anesthesia. When she became conscious, her left hand was swollen to a great extent. She enquired from Rajesh what was happened then Rajesh replied that









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