High Court Patna High Court - Orders

Mithilesh Kumar Sah @ Mithilesh … vs The State Of Bihar on 13 April, 2011

Patna High Court – Orders
Mithilesh Kumar Sah @ Mithilesh … vs The State Of Bihar on 13 April, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CR.MISC. NO.5743 OF 2011
MITHILESH KUMAR SAH @ MITHILESH KUMAR, RESIDENT OF VILLAGE
RAMBAGH, TOLA SHIVNAGAR, POLICE STATION SADAR, DISTRICT PURNEA
                             VERSUS
                       THE STATE OF BIHAR
                             *********

4 13/04/2011 Heard Counsel for the petitioner and the A.P.P.

appearing on behalf of the State.

A case was instituted on 01.09.2007 for the

occurrence which allegedly took place on 29.08.2007.

The case diary indicates that injury report was obtained

after great difficulty by the Investigating Officer

investigating the case which was signed by one Dr.

Yogendra Prasad posted in Purnea Sadar Hospital on

27.09.2008. It appears from the case diary that the

Investigating Officer went to the Purnea Sadar Hospital

on 20.08.2008 and again on 29.08.2008 but could not

get the injury report. The post mortem report indicates

that she died at Patna on 04.10.2007. It is further

submitted that the charges were framed on 20.11.2008

and since then, only one witness has been examined. The

petitioner is in custody since 20.08.2008.

Considering the aforesaid facts, the above

named petitioner is directed to be released on bail in

Sadar Police Station Case No. 305 of 2007 on furnishing

bail bond of Rs. 10,000/- with two sureties of the like
2

amount each to the satisfaction of the Additional

Sessions Judge, Fast Track Court No. 5, Purnea subject

to the following conditions.

(i) The petitioner must appear on each and

every date fixed in the trial and if he remained absent for

a single day without any explanation to the satisfaction of

the Court below, his bail bond shall stands cancelled.

(ii) Both the bailors must be closely related to

the petitioner and their photographs must be affixed on

the bail bonds.

(iii) The bailors should given an undertaking in

writing that they will be responsible for producing the

petitioner on each and every date fixed in the trial.

The Trial Court i.e. the Additional Sessions

Judge, Fast Track Court No. 5, Purnea is directed to

expedite the trial by issuing bailable and non-bailable

warrant of arrest to the prosecution witnesses.

The Superintendent of Police, Purnea should be

informed regarding the approximate date on which the

Investigating Officer and the doctor who has prepared the

injury report and the doctor who has prepared the post

mortem report would be required to appear before the

Court below for their deposition. If the doctors are

available before the other chargesheeted witnesses, the

Trial Court would be at liberty to examine them before
3

examining the other witnesses of the case.

Anand                                      ( Sheema Ali Khan, J. )