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2019 Supreme(Pat) 435

ADITYA KUMAR TRIVEDI
Jitendra Kumar @ Jitendra Singh S/o Shyam Sundar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Patanjali Rishi, Adv.
For the State : Mr. Anjani Kumar, Sr. Adv., AAG Mr.Uday Chand Prasad, APP
Father of Deceased : Mr. Ram Vinay Pd. Singh @ Sanjay, Adv. Mr. Sanjay Kumar, Adv.

ORDER :

1. Petitioner, Jitendra Kumar has challenged the order dated 09.04.2015 passed by learned CJM, Jamui in connection with Jamui P.S. case no.154/2013 whereby and whereunder he along with others has been summoned to face trial for an offence punishable under Sections 302, 325, 326, 331, 352, 34 of the IPC coupled with subsequent prosecution arisen therefrom under Sessions Trial No.280 of 2016 pending before First Additional District & Sessions Judge, Jamui for want of prosecution in accordance with Section 197 of the Cr.P.C.

2. Arvind Kumar Mishra, Jailor, Jamui filed written report on 01-07-2013 disclosing therein that accused Munna Singh being under custody in connection with Jamui P.S. Case no.95/2013 was taken on police remand and during course thereof, S.I. of Town P.S. namely Jitendra Kumar, S.I. of Giddaur P.S. Satyabart Bharti brutally assaulted him as disclosed by aforesaid custodial accused Munna Singh to other custodial accused. It has further been averred that aforesaid custodial accused Munna Singh died at PMCH during course of treatment.

3. On the basis of aforesaid written report, Jamui P.s. Case No.154/2013 has been registered against so many persons and after com

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