The High Court granted bail to the petitioner in an assault case, directing the lower court to conclude the trial within two months.
Commanded the lower court to conclude the trial within two months from the date of receipt of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38271 of 2017
Arising Out of PS.Case No. -154 Year- 2013 Thana -JAMUI District- JAMUI
====================================================== Jitendra Kumar Son of Shyam Sunder Singh, R/o Akbarpur, P.S.- Hilsa , District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
The petitioner seeks bail in connection with Jamui P.S. Case no. 154 of 2013 registered under Section 302/34 of the Indian Penal Code.
The petitioner who happens to be Officer-in-Charge of the Police Station Jamui along with other accused is said to have brutally assaulted the deceased (Munna Singh), taking him on remand resulting into his death.
It is submitted by the learned counsel for the petitioner that the deceased was examined by the Medical Board and one of the doctors of the Medical Board before the court has divulged that the injuries found on the person of the deceased was not the cause of death. The petitioner has been languishing in custody since
Patna High Court Cr.Misc. No.38271 of 2017 (3) dt.17-08-2017
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24.10.2016.
On the other hand, learned counsel appearing on behalf of the deceased’s wife vehemently opposing the bail petition submitted that the petitioner along with other accused had brutally assaulted the deceased. Besides making complaint of the assault with the jail inmates deceased had also reported the matter to C.J.M., Jamui. Said assault proved fatal. It is further submitted that earlier, this Court had directed the learned lower court to conclude the trial within the time frame and uptill now out of 16 witnesses, 11 witnesses have been examined by the prosecution and the learned District Judge, Jamui has reported that the case is likely to be concluded within one month.
Considering the facts and circumstances of the case as also nature of the offence, I am not inclined to enlarge the petitioner on bail, hence the prayer is rejected.
However, the learned lower court is directed to conduct the trial on day to day basis and conclude the same as expeditiously as possible within two months from the date of production/receipt of a copy of this order.
(Prakash Chandra Jaiswal, J)
rohit/U T
2 issues framed by the court
Whether the petitioner should be granted bail in an assault case resulting in death under Section 302/34 IPC.
Whether the trial court is directed to conclude the trial expeditiously.
1 provisions across 1 enactments
Jitendra Kumar
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
