Patna High Court - Orders
Ram Babu Yadav vs The State Of Bihar on 30 April, 2012
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.7934 of 2012 (3) dt.30-04-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7934 of 2012
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Ram Babu Yadav, son of Ram Krishna Yadav, resident of Village- Baruara,
P.S. Bahadurpur (Fekla O.P.) District- Darbhanga.
.... .... Petitioner.
Versus
The State of Bihar
.... .... Opposite Party.
CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
3 30-04-2012Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 333 of 2011, registered under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.
It is alleged that role attributed to the petitioner of assault by iron rod on the head of the informant thereafter, other accused persons have assaulted him by lathi.
Learned counsel for the petitioner submits that in this case two First Information Report. Out of two F.I.R., one lodged by wife of the informant Sunita Devi at D.M.C.H. and another lodged by son of the informant at P.M.C.H. at 12 noon. However, F.I.R. lodged on the statement of wife of the informant recorded at D.M.C.H. at 6 P.M. and it is alleged that petitioner has assaulted the deceased by iron rod whereas statement of son of the deceased recorded at P.M.C.H. alleged that petitioner has assaulted the Patna High Court Cr.Misc. No.7934 of 2012 (3) dt.30-04-2012 deceased by Farsa. However, post mortem report suggests that there was fracture 2" X 1-1/2" left parietal area of scull. The petitioner is in jail custody since 23. 12. 2011.
Under the facts and circumstances of the case I am not inclined to grant bail to this petitioner at this stage. However, charge sheet has been submitted. Hence the trial court is directed to expedite the trial and dispose of the case within nine months. However, if the case is not disposed of within nine months, then petitioner may renew his prayer for bail.
m.p. (Gopal Prasad, J)