Disposed

Mukesh Das v. The State Of Bihar

Patna HC15 Oct 2014CR. MISC./36970/2013

Case brief

AI extract

What is this about?

The Patna High Court directed the Additional District & Sessions Judge, Rosera, to expedite the trial of a charge-sheeted case within three months. Failure to conclude would necessitate reconsideration of the petitioner's bail. The court noted pending examination of doctors and I.O. and non-recording of victim statement in a rape case.

What did the court decide?

Trial to be concluded within three months; otherwise, reconsideration of bail directed.

Mukesh Das Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2014)

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Patna High Court Cr.Misc. No.36970 of 2013 (6) dt.15-10-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.36970 of 2013

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Arising Out of PS.Case No. -650 Year- 2013 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Mukesh Das, son of Yugeshwar Das, resident of Village- Sirsi, P.S. Bibhutipur, District- Samastipur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 15-10-2014 Heard learned counsel for the petitioner and learned counsel for the State. Perused the report of the court of Additional District & Sessions Judge, Rosera, it is apparent from the report that after framing charge, four charge sheeted witnesses have been examined in this case and four Doctor’s and I.O. have to be examined for which summons have been issued.

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The Superintendent of Police, Samastipur, reported that I.O. has not recorded the statement of victim under Section 164 and 164 Cr.P.C. whereas in case of rape, it is required to be recorded and for which a Departmental Proceeding has been initiated against the I.O.

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Learned counsel for the petitioner submits that he has filed two supplementary affidavits to the effect that victim and material witness has been examined but has not supported the prosecution case and the examination of non-official witness only

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Patna High Court Cr.Misc. No.36970 of 2013 (6) dt.15-10-2014

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remained to be examined.

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Hence without embarking upon the merit of the deposition made by the witnesses in court and having regard to the fact that four charge sheeted witnesses who are material have been examined and only four Doctor’s and I.O. has to be examined, the trial court is directed to expedite the trial and conclude the same within three months. If the trial will not conclude within three months, trial court shall consider to release the petitioner on bail taking into consideration the fact and circumstance of the case and deposition of material witnesses examined in the case.

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(Gopal Prasad, J)

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U T

Mukesh Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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