← Library
Patna High CourtCWJC/10759/2025disposed

Rounak Sinha v. The State Of Bihar

2025-09-19Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10759 of 2025 ====================================================== 1.

Rounak Sinha R/o- Village- Sahangi, P.S.- Garhani, District- Bhojpur, Bihar802203 and presently residing at Mahendrapuram Apartment, Polson Digha Road, Patna, P.S.- Digha, District- Patna, Bihar- 800011. 2.

Kishore Kunal, S/o- Ram Narayan Brahmachari R/o- Mainpura, P.S.- Patliputra, Patna, Bihar- 800001 and presently residing at House No.- 766A, in from State Building Construction Corporation Limited, Beside State Food Corporation Office, Road No.- 7, Rajvanshi Nagar, P.S.- Shastrinagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The Principal Secretary, Health Department.

3.

The Principal Secretary, Department of Home Affairs, Government of Bihar. 4.

The Director General of Police, Government of Bihar. 5.

The District Magistrate, Patna.

6.

Senior Superintendent of Police, Patna.

7.

Medical Superintendent, P.M.C.H., Patna Medical College and Hospital, Ashok Rajpath, Patna- 800004.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rounak Sinha (In-person) For the Respondent/s :

Mr.P.K.Shahi, AG Mr.Kumar Manish, SC 5 Mr.Madan Mohan, AC to SC 5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-09-2025 In the instant petition, petitioners have prayed for the following relief(s):- "(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction for constituting an Independent Judicial Inquiry headed by a retired Judge of the Hon'ble High

Patna High Court CWJC No.10759 of 2025(2) dt.19-09-2025 2/3 Court to investigate the circumstances surrounding the death of the minor rape victim at the Patna Medical College and Hospital (PMCH), and fix accountability on erring public officials;

(ii) Direct the State Government to issue and implement a time-bound Standard Operating Procedure (SOP) ensuring immediate, unconditional, and priority-based medical treatment to survivors of rape and sexual assault, particularly minors, in all government hospitals and healthcare institutions of Bihar.

(iii) Issue directions for the establishment of dedicated Sexual Assault Response Units in all district hospitals, with 24x7 availability of medical and trauma care personnel trained to deal with survivors of sexual offences.

(iv) Direct the State of Bihar to provide ex-gratia compensation to the family of the deceased minor victim and ensure disciplinary/criminal action against negligent officials, including those in medical and police departments, whose dereliction caused delay in treatment.

(v) Direct the Respondents to organize periodic training and sensitization programs for hospital staff, doctors, and administrators on patients'

rights, medical ethics, and legal obligations, especially regarding emergency treatment under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, 2023.

(vi) Direct the Respondents to ensure strict enforcement of disciplinary action against officials and medical personnel found negligent or responsible for the denial or delay of emergency

Patna High Court CWJC No.10759 of 2025(2) dt.19-09-2025 3/3 treatment.

(vii) Pass any other order(s) or direction(s) which this Hon'ble Court may deem just, fit and proper in the interest of justice, equity, and good conscience."

2. The petitioner have not furnished any material information in support of certain reliefs. Multiple reliefs have been sought which cannot be adjudicated in a single writ petition. It is reliably learnt that accused insofar prayer no. 1 is concerned is stated to have been convicted, and it is in the stage of pronouncing sentence. In the light of these factual aspects of the matter present CWJC No. 10759 of 2025 stands disposed of on account of lack of material information. Reserving liberty to file a fresh petition restricting only compensation, if any. (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) abhishekkr/- U