Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4548 of 2024 ====================================================== Anita Kumari, Wife of Ranjit Kumar, Resident of Village- Khandper, Ward No. - 06, Police Station - Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Department of Health, Government of Bihar, Patna.

2.

The Director-in-Chief, Disease Control, Public Health Para Medical Health Services, Bihar, Patna.

3.

The Hospital Superintendent, N.M.C.H., Patna. 4.

The Civil Surgeon, Sadar Hospital, Sheikhpura. 5.

The Registrar, Bihar State Legal Services authority, Patna. 6.

The Secretary, District Legal Services Authority, Sheikhpura. 7.

The Superintendent, Mahavir Cancer Sansthan, Phulwari Sharif, Patna. 8.

The Superintendent, AIIMS, Patna.

9.

The Director, Human Right Commission, Bihar, Patna. 10.

The District Magistrate-cum-Collector, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate Mr.Ravi Kant, Advocate Mr.Abhishek Kumar, Advocate Ms.Sukriti Sandilya, Advocate For the Respondent/s :

Mr.Biinod Kumar Yadav, SC-18 Mr.Randhir Kumar, AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 20-07-2026 In the instant writ petition, the petitioner has prayed for the following relief(s):- "(i) For issuance of writ/writs in the nature of Mandamus commanding the Respondents to immediately trace out the position of petitioner's husband namely Ranjit Kumar who has disappeared during the period of his treatment. (ii) For commanding the Respondents to

2/4 grant death Certificate in favour of petitioner's husband if he has died.

(iii) For commanding the Respondent to grant appropriate compensation to the petitioner. (iv) For commanding the Respondent as to why the husband of the petitioner has disappeared during his treatment in NMCH, Patna. (v) For commanding the Respondents as to why the petitioner has not been granted relief as per guidelines issued for compensating death due to COVID 19.

(vi) For any other writ/writs, order/orders, direction as this Hon'ble Court may deem fit and proper as per the facts and circumstances of the case."

2. Learned counsel for the petitioner submits that the husband of the petitioner, namely, Ranjit Kumar was suffering from cancer and he was being treated at Tata Memorial Hospital, Mumbai. The petitioner's husband came at his house on 10.06.2020 from Mumbai to Sheikhpura. On 25.06.2020, the petitioner's husband came in contact with Doctors at Mahavir Cancer Institute and Research Centre, Patna. The Doctor of Mahavir Cancer Institute and Research Centre, Patna sent a team for Covid-19 test at AIIMS, Patna, where the sample of husband of the petitioner was taken and as per report of AIIMS,

3/4 he was found Covid-19 positive and husband of the petitioner was to be in an isolation centre at Sheikhpura. Later on, he was referred to NMCH, Patna and was treated by Covid-4 unit Dr. Mukul Kumar and as per Guidelines of the Covid-19, petitioner could not meet with her husband. Learned counsel for the petitioner further submits that on 06.07.2020, Hospital Superintendent informed the petitioner that her husband was not present at his bed.The counsel also submits that in spite of various inquires, the husband of the petitioner could not be found.

3. Learned counsel for the State submits that the husband of the petitioner namely Ranjeet Kumar was under treatment of Dr. Mukul Kumar, Assistant Professor Medicine Department in C Ward, NMCH, Patna on 03.07.2020 and after admission in Medicine C Ward, he was treated till 05.07.2020. Thereafter, the patient was not seen on the bed on 06.07.2020 and this entry was recorded on treatment chart. Again on 08.07.2020, the patient was not seen on the bed and he was shown as 'LAMA' (Left Against Medical Advise) and it was reported by the unit In-Charge to the Superintendent of the hospital, who took cognizance of the matter and constituted a three member committee to enquire into the matter vide letter No. 2922, dated 28.07.2022. The enquiry committee enquired

4/4 into the matter and after enquiry, final enquiry report was submitted through a letter HOD Medicine, NMCH, Patna vide his letter No. 1748/ Medicine dated 31.08.2020 with a report that "The hospital administration tried to contact the said patient on his mobile No. 8271575831, but the patient could not be contacted. Therefore, the hospital administration informed the In-Charge of Alamganj Police Station on his Whatsapp No. 9431822149 taking into account the restriction of Covid-19 to further investigate the matter.

4. Having heard the parties and perused the records, it is quite clear that the petitioner's husband has been untraceable since 2021. Hence, the Superintendent of Police, Patna is directed to look into the matter and take necessary action.

5. With the aforesaid observation and direction, the present Writ Petition stands disposed of.

(Alok Kumar, J) manish/- U