LEELA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -A petition from one Leela Devi addressed to the Hon'ble the Chief Justice was received in this Court on 7.7.1995. According to this petition her son Rajesh Dom was arrested on 6.2.1995 as an accused irr Danapur P.S.Case No. 22/95. He was granted bail by the learned Sessions Judge, Patna on 17.5.1995 and the order of release was received by the Jailor, Beur Jail, Patna. Yet her son was not released on the ground that he had been also remanded in Danapur P.S. Case No. 3/95. It was further stated that on enquiry she found that her son Rajesh Dom had not been remanded in Danapur P.S. Case No. 3/95. On 27.5.1995 she filed a petition before the A.C.J.M. Danapur with a prayer that the Jailor, Beur Jail, Patna be directed to release her son. That petition was rejected by the A.C.J.M. on the ground that Rajesh Dom, son of Ram Prasad Dom, Gora Bazar, Danapur had not been remanded in Danapur P.S. Case No.3/95 and there was, therefore, no question to give any direction to the Jailor. In this petition, accordingly she made a prayer that appropriate direction be issued for the release of her son.

(2.) The Hon'ble the Chief Justice called for a report from the Sessions Judge, Patna and on receipt of the report directed that the petition be registered as a writ case and be listed for admission before the Court.

(3.) Mrs. Anjana Prakash appearing amicus curiae in this case has given valuable assistance to this Court. Mr. Ganga Prasad Rai, learned A.A.G.III has appeared on behalf of the Jail Authorities and has fairly placed all the facts with no attempt to cover up any mistake or to withhold any material. I record my appreciation for the assistance provided to the Court both by Mrs. Prakash and Mr. Rai.