IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19872 of 2009 1.TUNNU RAI @ VIJENDRA RAI son of Shri Nathuni Rai, 2.Jitendra Rai son of Shri Nathuni Rai, Both are residents of village-Gonauli, Police Station- Bettiah Mufassil, District-West Champaran. Versus STATE OF BIHAR ----------- 6 5/11/2009 Heard counsel for the petitioners and counsel for the State. Petitioners are accused in an offence under sections 302/201 of the Indian Penal Code. Allegation against the petitioners is that a boy servant aged about 14 to 15 years, on account of his being suspected to have stolen mobile phone, was brutally assaulted which ultimately led to his death in the hospital. Counsel for the petitioners would submit that there being no eye witness to such assault and the doctor treating the deceased having given a certificate it to be a case of suspected poisoning, this Court should enlarge the petitioners on bail as it is a case of no evidence against the petitioners. In the opinion of this Court the said certificate could have inspired confidence, had it not been issued after five days of occurrence and that too at the instance of one Nathuni Rai the father of accused petitioners by Doctor A.K. Choudhary holding the post of Deputy Superintendent of M.J.K. Hospital, Bettiah a government Hospital, who was so irresponsible that he had allowed the dead body of the deceased earlier admitted in the indoor ward of the hospital with a bed-Head ticket no. 2352/10434 dated 1.5.2008 at 4.40 p.m. on 2 1.5.2008 to be taken away even without allowing the police to arrive and take charge of the dead body for getting his postmortem report conducted after his death at 6.05 p.m. on the same day i.e. 1.5.2008. The manner in which this doctor Dr. A.K. Choudhary, Deputy Superintendent of M.J.K. Hospital, Bettiah, West Champaran has conducted himself, in discharge of his official duty, would make him personally liable for both his criminal prosecution and departmetnal action. Thus both the Superintendent of Police, West Champaran at Bettiah and Principal Secretary, Health Department are directed to examine the entire records relating to the alleged admission treatment and discharge as well as release of the dead body of the deceased Nanhak Patel and if necessary, also make him a co-accused in this case for committing offence under Section 201 I.P.C. as also initiate a disciplinary proceeding against him for a major punishment. Coming back to the merits of this case, since the story of poisoning of the deceased does not get support from any other material in the case diary and paragraph 54 of the case diary containing detailed analysis of the materials on record collected in course of investigation records that such report of the doctor was only procured by the petitioner by misleading him that the deceased had consumed poison, this Court would not find the petitioners entitled for grant of bail specially when the allegation of confinement of the deceased boy and assault by them also stands corroborated from the statement of witnesses recorded in case diary. That being so, the prayer for bail of the petitioners is 3 hereby rejected for the time being and the trial court is directed to ensure that if the case has already been committed to the Court of Sessions, its trial should be expedited and concluded within one year. In case trial of the petitioners would not be concluded within a period of one year from the date of receipt/production of a copy of this order, the petitioners will have the liberty to move initially the trial court for bail which will then record its reasons for not concluding the trial, whereafter only the petitioners may renew their prayer for bail before this Court. Let a copy of this order along with photocopy of the certificate (Annexure-2); to this application be also sent immediately to the Superintendent of Police, West Champaran at Bettiah as also to the Principal Secretary of the Health Department of the Government of Bihar at Patna, who are directed to submit their action taken report to this court in the light of aforesaid directions within three months of receipt/production of this order. With the aforesaid observations and directions this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)