Sanjay Yadav v. The State Of Bihar Through The Home Secretary, Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1171 of 2018 Arising Out of Bihar PS.Case No.3 of 2009, District-Nalanda. =========================================================== Sanjay Yadav, son of Late. Janak Yadav, resident of Village/Mohalla-Banaulia, P.S.-Bihar, District-Nalanda .... .... Petitioner/s

Versus

1.The State of Bihar through the Home Secretary, Bihar. 2.The Inspector General of Police (Prisons), Patna, Bihar. 3.The Jail Superintendent, Beur Central Prison, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate. For the Respondent/s : Mr.Ajay Kumar Sharma, AC to AG. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 20-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner is convicted and is facing a sentence of life imprisonment. He has moved this Court seeking a direction to the respondent-authorities to consider his application for release on parole for a period of 15 days between 20th April, 2018 to 05th May, 2018, as according to him, his daughter's marriage has been fixed and he would be required to perform the marriage ceremony, specially 'Kanyadan'.

Learned counsel for the petitioner submits that the petitioner has spent 10 years in jail and there is no complaint against him, since his wife has already died earlier, his presence in the marriage of his daughter is required to be considered with some urgency.

Learned counsel representing the State submits that presently he has no instructions in the matter, however, the application may be disposed of at this stage without entering into the merits of the contentions. Learned counsel submits that the State

Patna High Court Cr. WJC No.1171 of 2018 dt.20-04-2018 2/2 authorities may be directed to consider his application in accordance with law.

Considering the submissions as mentioned above and going through the records, I find it just and proper to direct the Inspector General of Police (Prisons), Patna, Bihar and the Jail Superintendent, Beur Central Prison, Patna, to take up the matter for consideration of the application submitted by the petitioner as contained in Annexure-2 to the present application with some urgency and this Court would expect that they take a decision in accordance with law following the guidelines which are in existence and such decision must be taken by 24th April, 2018 and the same be communicated to the petitioner.

This application stands disposed of with the aforesaid direction.

Let a copy of this order be sent through Fax and a copy of the same be made available to the learned counsel representing the State for taking appropriate steps.

(Rajeev Ranjan Prasad, J) rrojha/- AFR/NAFR CAV DATE Uploading Date20.04.2018 Transmission Date 20.04.2018