Md. Rizwan Khan @ Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41662 of 2017 Arising Out of PS.Case No. -329 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Md. Rizwan Khan @ Md. Rizwan Son of late Kamruddin Khan@ Munna Resident of Village- Agarpur, Police Station- Lalganj, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachin Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Lalganj P.S. Case No. 329/2015, registered for the offences punishable under Sections 304 and 308 of the Indian Penal Code. Prayer for bail of the petitioner was earlier rejected, vide order at Annexure-1, with direction to the trial court to expedite the trial within a period of six months. Submission of learned counsel for the petitioner is that even expiry of two years uptill now the case has not been concluded and the medical officer, who had conducted the postmortem of the deceased, and one more witness have not been examined.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41662 of 2017 (3) dt.11-10-2017 2/2 Having heard both sides, in view of the facts and circumstances as stated above and the case is under Section 304 and other Sections of the Indian Penal Code, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned IIIrd Additional Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 329/2015, corresponding to S.Tr. No.

01/2017, subject to conditions that one of the bailors should be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below and the petitioner will co-operate in disposal of the trial and will make himself available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of his bail bond with further condition that he will make himself available before the police station of his area in first week of each months till conclusion of trial or for one year, so that police may watch his conduct, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J.) Rakhi U T