Jitendra Kumar v. The State Of Bihar

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 17-08-2017 Heard the learned counsel for the petitioner, APP for the State and the learned counsel for the deceased's wife. 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 2/2 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