Dismissal of an application by a petitioner in custody against the State, where the petitioner failed to make out a cause for indulgence despite witness retraction reported by the trial court.
Application dismissed due to lack of cause for indulgence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27066 of 2012
====================================================== Umesh Sah @ Umesh Shaw Son Of Late Deokishun Sah Resident Of Village - Laxmipur, P.S. - Laukaha, District - Madhubani. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 16-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Sessions Trial No. 501 of 2011 arising from Laukaha P.S. Case No. 88 of 2010 registered for offence punishable under Sections 341, 324, 307, 354 and 302 of the Indian Penal Code.
The allegation against this petitioner is of assaulting the informant with the knife. The informant deceased during the course of treatment. The name of the petitioner was mentioned by his sister Malti Devi as found in paragraph 32 of the case diary and it is in these circumstances the prayer of the petitioner was rejected by order dated 27.01.2012 passed in Criminal Misc. No. 37402 of 2011.
Learned counsel for the petitioner has invited the attention of this Court towards the deposition of the said Malti Devi placed
Patna High Court Cr.Misc. No.27066 of 2012 (3) dt.16-01-2013
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at Annexure-4 and in which the said Malti Devi has retracted from her statement and thus she was declared hostile.
A report was called for from the trial court and it is reported that eight witnesses have been examined and the Doctor and the I.O. are yet to be examined. The learned trial court of Ad hoc Additional Sessions Judge-III, Madhubani has stated that if the parties cooperate the trial is likely to be concluded within three months.
In the circumstances, no cause for indulgence is made out. The application is dismissed.
(Jyoti Saran, J)
S.Sb/-
Umesh Sah @ Umesh Shaw
The State of Bihar
Jyoti Saran
As recorded by the court registry
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