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
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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
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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
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examining the other witnesses of the case.
Anand ( Sheema Ali Khan, J. )