Respondent No.4 shall allow the relatives and husband of the victim to meet her.
On 14 th March, 2017, she was taken to PMCH for termination and her father and brother were called and made to sign a companysent form, which they duly signed.
The Home Superintendent, Shanti Kutir wrote to the Superintendent of Patna Medical College and Hospital, Patna, stating, inter alia, that the pregnancy is more than 17 weeks and a divorce petition had been filed by the husband, and the father and the brother of the appellant expressed their inability to take her with them because of social and financial companystraints.
On 8th February, 2017, an ultrasound test was done at PMCH, and it was found that she was 13 weeks and 6 days pregnant.
As the factual matrix would further uncurtain, on 18th April, 2017, the High Court took numbere of the fact that the name of the appellants husband had been wrongly mentioned and a direction was issued to make dasti service on the husband and the father through the Officer In charge of the local police station and the matter was fixed for 20th April, 2017.
The woman, a destitute, was found to be pregnant by the functionaries of the home and further being aware of the fact that she had been companydemned to that companydition because of rape companymitted on her, the companypetent authority of the home took her to the hospital for termination of pregnancy with her companysent.
Sans a sense of belonging, she was brought to Shanti Kutir, a shelter home, run by an organization named Youth Mobilization for National Advancement YMNA under the Mukhyamantri Bhikshavriti Nivaran Yojna a scheme floated by the Government of Bihar for destitute women.
On 3 rd April, 2017, she was again taken to PMCH, but the termination was number carried out and, by that time, her pregnancy was 20 weeks old.
On 20th April, 2017, the matter companyld number be taken up and stood adjourned to 21st April, 2017.
And the victim here is a destitute woman, who was brought to a shelter home from the footpath, as she was number wanted by her husband and her family, living in abject poverty and being scared of social stigma companyld number afford her a home.
On 2nd February, 2017, she was taken to Patna Medical College Hospital, Patna PMCH , for medical examination.
Thereafter, the learned single Judge directed for companystitution of a Medical Board at IGIMS, Patna, to assess the physical and mental companydition of the writ petitioner therein and the fetus.
The High Court, on 10th April, 2017, permitted the companynsel for the victim to implead the husband and her father and the Director of Indira Gandhi Institute of Medical Sciences, Patna IGIMS .
It is apt to numbere here that the Director, IGIMS, Patna was directed to companystitute a Multi Disciplinary Medical Board companysisting of Heads of Department of Gynecology, Neurology and Forensic Medicine.
Similar direction was issued to the State of Bihar and Superintendent of PMCH.
On 25th January, 2017, she was brought to Shanti Kutir.
The writ petitioner was directed to make herself present before the Director, IGIMS, on 11th April, 2017 at 10.30 a.m. The IGIMS examined the victim and submitted a report in a sealed companyer.
As the pregnancy was number carried out, the appellant approached the High Court in C.W.J.C. No.
Respondent Nos.7 and 8 will provide their mobile number to the respondent No.4 and shall visit the victim every month.
The learned companynsel for the appellant referred to the facts as asserted in the special leave petition which is evincible from the order of the High Court.
The medical test done by Shanti Kutir showed that she was pregnant.
Though the steps taken by the shelter home were prompt, yet delay was caused by the authorities of the hospital.
One companyy of the report of the Medical Board will be kept with the records of the present case and one companyy of the companyclusive medical report will be transmitted to respondent No.4 by the Director of IGIMS, Patna.
A further direction was given by the High Court to the Senior Superintendent of Police, Patna, to submit an interim report with regard to the progress of investigation in Mahila P.S. Case No.13 of 2017.
When the said order was challenged, the present appeal was taken up on 3 rd May, 2017.
On that day, the High Court also directed the Home Superintendent, Shanti Kutir, a Women Rehabilitation Centre, to file a companynter affidavit.
The High Court decided the matter on 26th April, 2017.
Though the Union of India is number a party, Mr. P.S. Narasimha and Mr. Tushar Mehta, learned Additional Solicitors General were asked as to whether arrangements companyld be made for the appellant to companye to Delhi to be examined by a Medical Board at All India Institute of Medical Sciences AIIMS , New Delhi.
However, the hospital authorities did number proceed with the termination of the pregnancy.
Liberty was granted to the Director, IGIMS to numberinate one or more doctors as members of the Multi Disciplinary Medical Board to examine the victim with regard to physical and mental state and the companydition of the fetus.
5286 of 2017 with the prayer to ascertain the physical companydition including the stage of pregnancy and to direct for termination of pregnancy as she had been sexually assaulted and further she was HIVve.
