Patna High Court
Shobha DeviversusThe State of Bihar, Through the Home Secretary, Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The High Court directed the respondents to arrange the transfer and treatment of the undertrial prisoner at AIIMS, New Delhi, within the stipulated time.
Summary
The petitioner, Shobha Devi, filed a writ petition seeking a mandamus directing the State and Union authorities to transfer her husband, an undertrial prisoner charged with murder and related offences, to AIIMS New Delhi for specialized cardiac treatment as recommended by the Medical Board of IGIC, Patna. The prisoner, suffering severe coronary artery disease and a recent myocardial infarction, was diagnosed with multiple cardiac complications and was advised to undergo revascularisation at a super‑speciality centre. The State argued that the prisoner was stable after discharge and that the petitioner could have sought bail or approached the criminal court, but the petitioner had not pursued those alternatives. The Court, while noting the usual rule against entertaining writs when alternative remedies exist, held that the seriousness of the medical condition and the Board’s recommendation justified intervention. Consequently, the Court ordered the Senior Superintendent of Police, Bhagalpur, to arrange the transfer, cost details, and security for treatment at AIIMS within 48 hours, and to return the prisoner to jail after treatment. The petition was thereafter disposed of.
Issues considered
- Whether a writ of mandamus can be issued directing the transfer of an undertrial prisoner to a super‑speciality medical institution for urgent treatment.
- Whether the State is obligated under Article 21 of the Constitution to provide specialized medical care to an undertrial prisoner.
- Whether the availability of alternative remedies such as bail precludes the maintainability of a writ petition in this context.
Legislation cited
- Arms Act — s. 27
- Constitution of India — s. Article 21
- Indian Penal Code — s. 120B, 302, 34
Subjects
- undertrial prisoner
- medical treatment in custody
- fundamental right to life
- Article 21
- mandamus
- transfer to AIIMS
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1229 of 2026
In
Civil Writ Jurisdiction Case No.8631 of 2026
Arising Out of PS. Case No.-98 Year-2023 Thana- BARH District- Patna
======================================================
Shobha Devi W/O Karnvir Singh Yadav @ Lallu Mukhiya @ Karnvir Yadav
R/O Ward no. 4, NH 31, Near School, Gulab Bag, P.S.- Barh, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar, Through the Home Secretary, Government of Bihar,
Patna Bihar
2. The Union of India through the Secretary, Ministry of Health and Family
Welfare, Government of India, New Delhi.
3. The Superintendent, Special Central Jail, Bhagalpur.
4. The District Magistrate, Bhagalpur.
5. The Senior Superintendent of Police, Bhagalpur.
6. The Special Medical Officer, Central Jail, Bhagalpur.
7. The Medical Officer, Special Central Jail, Bhagalpur.
8. The Director, All India Institute of Medical Sciences (AIIMS), New Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Mr.Madhumay Madhup, Advocate
Mrs. Neha Kumari Singh, Advocate
For the State : Mr.Ajay Behari Sinha, GA-8
For Union of India : Mr. Sujit Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 22-06-2026 The petitioner has approached this Court seeking
following relief(s):-
"i) To issue an appropriate writ, order or
direction, including a writ in the nature of
Mandamus, commanding the
Respondent Authorities concerned, to forthwith
take all necessary steps to transfer and admit the
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husband of the petitioner, namely, Karanveer
Singh Yadav @ Lallu Mukhiya @ Kanrvir
Yadav, an undertrial prisoner presently in
judicial custody, to the All India Institute of
Medical Sciences (AIIMS), New Delhi, or to
any other equivalent super-speciality tertiary
care institution, for nyocardial viability testing
or such further specialized cardiac evaluation
and treatment, including revascularization, as
may be advised by the treating specialists,
strictly in accordance with the recommendations
of the Medical Board constituted at the Indira
Gandhi Institute of Cardiology (IGIC), Patna.
ii) To issue an appropriate writ, order or
direction directing the Respondent Authorities
concerned to ensure that the aforesaid undertrial
prisoner is provided immediate, continuous,
adequate and uninterrupted specialized medical
treatment, medicines, diagnostic investigations
and all ancillary medical facilities at the
concerned super-speciality institution under
proper escort and security arrangements, at the
cost and responsibility of the State, in
accordance with his fundamental right to life
and health guaranteed under Article 21 of the
Constitution of India.
iii) To issue an appropriate writ, order or
direction directing the Respondent Authorities
concerned to produce before this Hon'ble Court
the complete medical records of the undertrial
prisoner, including the reports and
recommendations of the District Level Medical
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Board, the Medical Board of IGIC, Patna
discharge summery, referral documents and all
consequential actions taken pursuant thereto, so
as to satisfy this Hon'ble Court regarding the
adquacy and timeliness of the medical cre being
extended to him.
iv) To issue an appropriate writ, order or
direction directing the Respondent Authorities to
comply with the recommendations of the
Medical Board date 1206.2026 and the
discharge recommendation dated 15.06.2026,
and to ensure that no delay whatsoever is
occasioned in facilitating the higher specialized
treatment of the petitioner's husband,
considering the critical nature of his cardiac
ailments and the imminent risk to his life.
v) To issue any other writ, order or direction,
including interim directions, which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case, in the interest
of justice, equity and good conscience."
02. Heard learned senior counsel for the petitioner as
well as learned counsel appearing on behalf of the respondents.
03. Learned senior counsel for the petitioner submits
that the husband of the petitioner is in custody in connection
with Barh P.S. Case No. 98 of 2023 registered for the offences
under Sections 302, 120B/34 of the Indian Penal Code and
Section 27 of the Arms Act. The prayer for bail of the husband
of the petitioner has been rejected by learned Co-ordinate Bench
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vide order dated 21.04.2026 passed in Cr. Misc. No. 4099 of
2026. As an undertrial prisoner, the husband of the petitioner
suffered some medical complications and pursuant to the
recommendation of Jail Doctor, Bhagalpur he was referred to
Jawaharlal Nehru Medical College and Hospital, Bhagalpur on
09.06.2026 for better medical examination. Thereafter, on the
same day, a meeting of the District Level Medical Board was
convened under the Chairmanship of District Magistrate,
Bhagalpur and the Board resolved that the husband of the
petitioner be referred to Indira Gandhi Institute of Cardiology
(IGIC), Patna for better treatment. Accordingly, the
Superintendent, Special Central Jail, Bhagalpur requested the
Superintendent, Indira Gandhi Institute of Cardiology, Patna to
ensure proper medical treatment of the husband of the petitioner
in accordance with the requirement. Subsequently, a Medical
Board was constituted under the Chairmanship of Director,
Indira Gandhi Institute of Cardiology, Patna which considered
the case of the husband of the petitioner and the Medical Board
found that the husband of the petitioner.
04. Learned senior counsel further submits that upon
clinical evaluation and investigation, he was diagnosed as a
known case of Type-II Diabetes Mellitus (T2DM), Systemic
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Hypertension (SHTN), and Coronary Artery Disease (CAD),
and was found to have suffered an Anterior Wall Myocardial
Infarction (AWMI), beyond the window period for
thromobolytic intervention, with features corresponding to
Killip Class III. At the time of assessment, his pulse rate was
recorded at 90 beats per minute and his blood pressure at 110/70
mm Hg. Clinical examination of the respiratory system revealed
bilateral basal crepitations. The Troponin-I test was positive.
Electrocardiography (ECG) demonstrated normal sinus rhythm
with ST-T changes in the anterior precordial leads (VI-V6)
along with poor R-wave progression. Further evaluation by two-
dimensional echocardiography (2D Echo) revealed left
ventricular dilatation with left ventricular dimensions measuring
approximately 55/48 mm and a dilated left atrium measuring 42
mm. Regional wall motion abormalities in Left Anterior
Descending (LAD) artery territory were noted, along with
severe mitral regurgitation, Grade-I left ventricular diastolic
dysfunction, severe left ventricular ejection fraction (LVEF) of
approximately 30%. The patient was initially managed
conservatively and, thereafter, Coronary Angiography (CAG)
was performed. The angiographic findings suggested extensive
double-vesssel coronary artery disease with involvement of
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branch vessels, including critical stenosis of the Left Anterior
Descending (LAD) artery, complete occulusion of an obtuse
marginal branch of the Left Circumflex (LCX) artery, and
significant stenotic lesions involving the distal Right Corobary
Artery (RCA) and the ostium of the Posterior Descending
Artery (PDA). The overall impression recorded was that of
diffuse and significant coronary artery disease involving major
coronary vessels and branch vessels.
05. Learned senior counsel for the petitioner further
submits that having regard to the complexity and severity of
cardiac condition of the husband of the petitioner, the Medical
Board recommended that the case of the husband of the
petitioner be referred to an advance medical center for
appropriate revascularization including consideration of
advanced interventional or surgical management. The Board
specifically advised that the husband of the petitioner be
referred to a super-speciality institution, preferably All India
Institute of Medical Sciences (AIIMS), New Delhi. Thereafter,
the husband of the petitioner was discharged by IGIC, Patna on
15.06.2026. Learned senior counsel further submits that despite
categorical recommendations no steps have been taken by the
respondent authorities to facilitate the transfer of the petitioner's
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husband to AIIMS, New Delhi for myocardial viability testing
and further treatment/management. The husband of the
petitioner continues to remain in judicial custody without being
provided the specialized treatment recommended by the
competent Medical Board and such omission by the respondent
authorities has caused imminent danger to the life of the
husband of the petitioner. Any further delay in implementing the
recommendations of the Medical Board may result in
irreversible deterioration of his health and may even endanger
his life. Learned senior counsel further submits that after being
discharged from IGIC, Patna, the husband of the petitioner was
taken to the Special Central Jail, Bhagalpur and thereafter as his
condition deteriorated he was again sent to Jawaharlal Nehru
Medical College and Hospital, Bhagalpur.
06. Learned senior counsel for the petitioner further
submits that it is well settled that the prisoners and undertrial
prisoners do not cease to enjoy their fundamental rights upon
incarceration except to the extent curtailed by law. If the life of
the husband of the petitioner is in danger then it is the
responsibility of the State to save his life. In course of trial, the
undertrial prisoners should be provided adequate medical
treatment thereby protecting their life and liberty and in the
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present case, it is the recommendation of the Medical Board of
IGIC, Patna for referring the petitioner's husband to an advance
medical center for protecting the life of the husband of the
petitioner. Learned senior counsel further submits that the
petitioner is ready to bear the cost of treatment and would also
make the payment for availing the facility of air ambulance.
Learned senior counsel referred to a number of decisions of the
Hon'ble Supreme Court about the maintainability of the writ
petition in and also the cases where the High Courts have
intervened to provide medical treatment to an undertrial
prisoner.
07. On the other hand, learned counsel appearing on
behalf of State-respondents submits that while under treatment
at IGIC,Patna the condition of the petitioner was stable and
thereafter, he was discharged so there is no urgency for passing
immediate orders in the matter. Learned counsel also seeks time
for filing counter affidavit in this case.
08. I have given my thoughtful consideration to the
rival submissions of the parties. The husband of the petitioner is
an undertrial prisoner and he is in judicial custody in connection
with Barh P.S. Case No. 98 of 2023. If the husband of the
petitioner has developed some medical condition requiring
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urgent treatment at higher centre, recourse open to the petitioner
was not to approach this Writ Court at first instance for further
treatment in custody rather he ought to have sought the
intervention of the Court concerned for getting the treatment or
ought to have prayed for provisional bail for the said purpose.
But the petitioner did not chose to exercise her option and
perhaps, under wrong impression, rushed to this Court by filing
the present writ petition.
09. However, taking a lenient view of the matter and
making a departure from the normal course wherein this Court
refrain from entertaining writ petitions if alternative and
efficacious remedy is available, this Court, after taking into
consideration the seriousness of the condition of the husband of
the petitioner and in the light of the recommendation of the
Medical Board of IGIC, Patna, is inclined to intervene in the
matter since the Medical Board of IGIC, Patna has
recommended the husband of the petitioner for treatment before
higher centre specially AIIMS, New Delhi. Therefore, the
respondent authorities are directed to take steps for treatment of
the husband of the petitioner before AIIMS, New Delhi. For this
purpose, within 48 hours of the passing of the order, the
respondent no. 5, the Senior Superintendent of Police (SSP),
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Bhagalpur would furnish details of the cost to be deposited by
the petitioner's husband for treatment before AIIMS, New Delhi.
The petitioner would also apprise the SSP, Bhagalpur about the
details of conveyance since it has been submitted on behalf of
the petitioner that the petitioner intends to take facility of
Airbus/air ambulance for taking her husband to the AIIMS, New
Delhi for his treatment. Thereafter, the SSP, Bhagalpur would
ensure that the husband of the petitioner is taken to the AIIMS,
New Delhi with full security and get him admitted after
completion of all formalities within next three days subject to
availability of conveyance which is to be provided by the
petitioner. Once the treatment of the husband of the petitioner is
completed in AIIMS, New Delhi he would be sent back to
Special Central Jail, Bhagalpur without any delay.
10. Accordingly, the present petition stands disposed
of.
11. Office is directed to communicate this order to all
concerned forthwith.
(Arun Kumar Jha, J)
DKS/-
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