Rozy Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.21211 of 2017 (2) dt.21-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21211 of 2017 Arising Out of PS.Case No. -459 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rozy Mian Son of late Jan Mian Resident of Village- Ojha Mathiay, Police Station- Majhaulia, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected twice vide order dated 04.05.2016 and 30.11.2016 passed in Cr. Misc. No. 12289 of 2016 and 49892 of 2016, on the ground that the petitioner is suffering in custody since 10.01.2016, the deceased died due to Septicemia and Hepatic disorder and during post mortem only two injuries have been found. There is no specific allegation against the petitioner, there was direction to conclude the trial preferably within four months, failing which the petitioner, if at no fault, was given liberty to renew his prayer of bail. Up-till-now only five prosecution witnesses have been examined and in near future the trial is not likely to be concluded and also at best it can be a case

Patna High Court Cr.Misc. No.21211 of 2017 (2) dt.21-06-2017 under Section 304 IPC.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that the trial has not been concluded within time given by this Court and there is general and omnibus allegation, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 5th, Bettiah, West Champaran in S. Tr. No. 396 of 2016 arising out of Majhaulia P.S. Case No. 459 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T