Sintu Kumar v. The State Of Bihar Through Its Chief Secretary, Main Secretariat, Patna- 800001

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1368 of 2021 Arising Out of PS. Case No.-193 Year-1988 Thana- ARWAL District- Jehanabad ====================================================== Sintu Kumar S/o Shri Madho Chaudhri R/o village- Ibrahimpur, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Chief Secretary, Main Secretariat, Patna800001 Bihar 2.

The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar 3.

The Director General of Police, Govt. of Bihar, Patna Bihar 4.

The Inspector General of Prisons Govt. of Bihar, Patna Bihar 5.

The Jail Superintendent, Bhaglpur Central Jail, Bhagalpur, Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Kumar Singh, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-03-2023 Counsel for petitioner has filed the present writ petition directing the respondent authority to release the father of the petitioner on leave for 90 days who has been languishing in Bhagalpur Central Prison as a sentenced prisoner of life sentence since the year 2003 in connection with Arwal P. S. Case No. 193 of 1988 as he is suffering from the chronic disease.

In this case, several set of counter-affidavit and supplementary counter-affidavit has been filed and finally, an I.A. No. 01/2023 has been filed by counsel for petitioner submitting that in the counter-affidavit 19.09.2023, the jail authority has given a response that they will consider the parole application of the petitioner's father, if it is filed. In this view of the matter, he want to add another prayer in this writ petition for

Patna High Court CR. WJC No.1368 of 2021 dt.15-03-2023 2/2 directing the respondent to immediately release the petitioner's father by taking action upon the parole application filed by the petitioner's father before the Beur Jail Authority. As the petitioner's father has filed the parole application dated 04.02.2023 before Beur Jail Authority.

Counsel for the State still consistent and submits that at the time of filing the counter-affidavit, no parole application has been filed but subsequently, it appears to be filed by virtue of pleading made in the I.A. Petition No. 01/2023. In the light of the averment made by the parties, let the respondent authorities are directed to pass reasoned order on the representation of parole application dated 04.02.2023 filed by the petitioner's father which is pending at their level within 6 weeks from the date of this order.

With this direction, the present Cr. writ application is disposed off.

(Dr. Anshuman, J.) prakashmani/- AFR/NAFR CAV DATE Uploading Date Transmission Date