ABHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case has been filed today and under orders of Civil Application and Motion Bench has been notified for being heard today itself at 2.15 P.M., in the circumstances, counsel for the State, Government Advocate No. 2 prays for and is allowed time until 4 P.M. to seek instruction in the matter from the S.R, Nawadah as to why the armed force was not made available for his appearance in the examination at Commerce College, Patna Centre in the light of the orders of the court below dated 17/19.3.2007 as contained in Annexure -5 series. Put up at 4 P.M.

(2.) HEARD learned counsel for the petitioners and the Government Advocate No. 2 for the State, who on the basis of the telephonic instructions received from the Superintendent of Police, Nawadah states that petitioner is a hardened criminal and accused in a double murder case in which even witnesses for their appearance in a trial court are being escorted by the police. In the circumstances, he should not be allowed to appear in the M.A. Final Examination, 2004 at Commerce College, Patna Centre under police escort.

(3.) PERUSED the annexures appended with the writ petition. Petitioner No. 2 was also granted Admit - Card to appear in the M.A. Final Examination, 2003, which was scheduled to begin on 8.7.2006, but he could not appear in the said examination as three days prior thereto he was taken in custody in a double murder case vide Narhat PS. Case No. 92 of 2005.