APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner and learned A.P.P. representing the State.
(2.) Petitioner is the informant seeking leave to appeal against the judgment and order of acquittal dated 24th January, 2017 passed by learned Additional Sessions Judge-XII, Hazaribagh in Sessions Trial No. 289 of 2012, whereby opposite party no. 2 has been acquitted for the charge under Section 315 of Indian Penal Code in connection with Barkagaon P.S. Case No. 119 of 2011, corresponding to G. R. Case No. 2650 of 2011.
(3.) As per the case of the informant, his sister, Asha Kumari was taken by one A.N.M, Sunaina Kumari for delivery of child at Prasad Seva Sadan Clinic and admitted on 26th September, 2011 at 9.30 A.M. after depositing Rs. 1500/in the Nursing Home. When the condition of patient started deteriorating then the informant wanted to take her outside for better treatment, but she was assured that she would undergo normal delivery. Thereafter opposite party no. 2 and one Nurse, Sangita Kumari informed the informant that major operation may have to be performed and asked for Rs. 20,000/to be deposited for calling Doctor from Hazaribag. The request for discharge by the informant was declined and they in fact assaulted the informant. Thereafter, he took her sister to nearby Nurse Manju Devi. It was detected after test that the date of delivery was after two days but due to negligence, injection was given which caused the death of foetus. After hectic effort, life of the sister of informant could be saved. The patient during the period of consciousness had also disclosed that she was assaulted by Nurse, Sangita Kumari.;