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Patna High CourtCR. MISC./49917/2023dismissed

Md. Salim @ Saalim v. The State Of Bihar

2023-08-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49917 of 2023 Arising Out of PS. Case No.-912 Year-2022 Thana- ARARIA District- Araria ====================================================== MD. SALIM @ SAALIM SON OF TAMEER @ TAMIRUDDIN RESIDENT OF VILLAGE- MANIKPUR WARD NO. 11, PS- ARARIA (BAIRGACHHI), DIST- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2023 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner, informant and learned APP for the State. The petitioner is in judicial custody in connection with Araria (Bairgachhi) P.S. Case No. 912 of 2022 registered under Sections 341, 323, 324, 307, 354B, 379, 504 and 506/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added lodged on 25.10.2022 by the informant, Md. Rashid.

As per the prosecution story, the allegation amongst other against this petitioner is of assaulting the informant's father by 'iron rod' causing serious injury and he became unconscious. Against other accused persons also there is allegation of assault. Subsequently, the father of the informant

Patna High Court CR. MISC. No.49917 of 2023(2) dt.18-08-2023 2/2 was shifted to Sadar Hospital, Araria and then to Purnea Sadar Hospital and finally to Max Hospital whereafter he sucumbed to the aforesaid injury.

Learned counsel for the petitioner submits that it is not the case that the informant's father immediately died to the assault rather he may have died to some other ailment. Learned counsel for the informant refuting the submissions put forward by the learned counsel for the petitioner submits that after the injury, he remained under treatment and finally died.

Considering the aforesaid submission, for the present, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

However, the Trial Court is directed to expedite the trial and conclude the same within a period of nine months. (Rajiv Roy, J) Jagdish/- U T