Patna High CourtCR. MISC./52848/2015rejected

Raju Sharma v. The State Of Bihar

2016-02-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.52848 of 2015 (3) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52848 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Raju Sharma S/o Late Sukhdeo Sharma, R/o Village- Bindwara Sharma Tola, P.S.- Kasim Bazar, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Trial of the petitioner has already commenced and out of eight proposed charge sheeted witnesses, six witnesses have already been examined. Trial court has sought three to four months more time to conclude the trial of the petitioner.

However, learned counsel for the petitioner informs that the petitioner is suffering from ailment of cataract and urgent operation of cataract is required but due to non-availability of the aforesaid facility in the jail premises, proper treatment of ailment of the petitioner is not being done.

Taking note of the aforesaid submissions as well as facts and circumstances of the case, prayer for bail of the petitioner in connection with Sessions Trial no. 908/2014 arising out of Kasim Bazar P.S. case no.115/2014 is, again, rejected.

Patna High Court Cr.Misc. No.52848 of 2015 (3) dt.24-02-2016 However, trial court must conclude the trial of the petitioner within the period as fixed by the trial court itself and furthermore, jail authorities are directed to provide all possible treatment to the petitioner and if the facility of operation of cataract is not available in the jail premises, jail authorities will send a report to that effect to the trial court and if the aforesaid report is received by the trial court, trial court may take appropriate steps in this regard. Shahid (Hemant Kumar Srivastava,J) U T