Md. Salim vs The State Of Bihar on 14 October, 2014

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Patna High Court - Orders

Md. Salim vs The State Of Bihar on 14 October, 2014

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.34891 of 2014
                      Arising Out of PS.Case No. -15 Year- 2014 Thana -BAHERA District- DARBHANGA
                 ======================================================
                 1. Md. Salim Son of Late Md. Islam Resident of M.I.T. Colony Quarter
                 No.4, Muzaffarpur, P.S.-Ahiyapur, District-Muzaffarpur

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Madhusudan Kumar
                 For the Opposite Party/s   : Mr. Dinesh Singh(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

2   14-10-2014

The petitioner seeks bail in Sessions Trial No.179 of 2014 arising out of Bahera P.S.Case No.15 of 2014 registered for the offences punishable under sections 366 and 370 of the Indian Penal Code.

From perusal of Annexure-3, it would appear that in support of the contentions made in the bail petition, Xerox copy of the case diary has been annexed.

I take judicial notice of the fact that there is growing tendency among the members of the bar to annex Xerox copy of the case diary to the bail petition. It is a matter of great concern. In terms of section 172(3) of the Code of Criminal Procedure, police diary is absolutely protected and the accused has no access to it. Section 172(3) of the Code of Criminal Procedure reads as Patna High Court Cr.Misc. No.34891 of 2014 (2) dt.14-10-2014 2/2 follows :-

"Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 161 or Section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply."

In view of the mandate of law as provided under section 172(3) of the Code of Criminal Procedure, I am not inclined to entertain the present bail application on merits. Accordingly, the application is dismissed.

Petitioner would be at liberty to file a fresh bail application in the same subject matter.

(Ashwani Kumar Singh, J) Pradeep/-

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Patna High Court - Orders