The Patna High Court rejected a bail petition in a case registered under sections 341/307/34 IPC, holding the death was the ultimate result of injuries caused by the petitioner despite medical negligence arguments.
Bail prayer rejected; Trial Court directed to expedite trial.
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Patna High Court Cr.Misc. No.1895 of 2014 (2) dt.18-02-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1895 of 2014 ====================================================== 1. Temna Yadav @ Manoj Yadav Son Of Ram Gulam Yadav R/O Village - Bilauri, P.S. + District - Lakhisarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 18-02-2014 Heard learned counsel for the petitioner and learned counsel representing the State. The case was registered under sections 341, 307/34 of the Indian Penal Code and the petitioner was described to be the assailant by the informant who died after one week on account of the injury which has resulted into Septicemia. Submission is that the firing by the petitioner was not the instant cause of death rather the death caused due to medical negligence as the victim was not properly treated. Name of the petitioner has been stated by none else rather by the victim/deceased and the doctor has found corresponding injuries.
No doubt, there was brief interval between the time of
Patna High Court Cr.Misc. No.1895 of 2014 (2) dt.18-02-2014
occurrence and the death but the death was the ultimate result of the injury caused by the petitioner.
Considering the allegation, prayer for bail of the petitioner is rejected in connection with Lakhisarai P.S. Case No. 221 of 2006.
The petitioner is in custody since 21.6.2012. The Trial
Court is directed to expedite the trial of the petitioner.
(Shyam Kishore Sharma, J)
avin/-
3 issues framed by the court
Whether bail should be granted to the petitioner accused of attempting murder.
Whether the interval between the assault and death precludes the petitioner from being the direct cause of death.
Whether the petition for bail has sufficient merit to grant bail in the given facts.
Temna Yadav @ Manoj Yadav
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
