AMAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Judicial system in India has to face two adage one is justice delayed is justice denied and another is justice hurried is justice buried. However, in spite of above two adage, one thing remains i.e. to provide timely justice, which is an essence of rule of law and appreciating the same, clause 40 of Magna Carta provided "To no one will we sell, to no one deny or delay right or justice. " Speedy justice was also mandate and there are catena of judgments of Hon 'ble Apex Court of India, which holds it to be a fundamental right to life guaranteed under Article 21 of Constitution of India.

(2.) However, what happens, the then, Hon 'ble Chief Justice of this High Court, while considering the bail application of a person alleged to be of an accused for the offence under Sec. 304(B) of the Indian Penal Code, came across certain disturbing situation, which was prevalent in the State and as such passed the following order in Criminal Miscellaneous No.39878 of 2014:-

(3.) We can very well appreciate the concern of the then, Hon 'ble the Chief Justice in issuing above direction. However, a Single Judge Bench of this Court, while hearing the appeal filed by the accused against conviction under Sec. 304(B) of the Indian Penal Code, has come across the above direction passed by the then Hon 'ble the Chief Justice, referred the matter for consideration by Division Bench vide order dtd. 11/7/2019, relevant paragraphs of the said order is reproduced herein below:-