IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18494 of 2010 VIJAY SAHNI Versus STATE OF BIHAR ----------- 3 30.06.2010 Heard both sides. Petitioner has renewed prayer for bail in view of liberty so granted to him by order dated 27.8.2009 passed in Cr. Misc. no. 28779 of 2009 (Annexure-1). Petitioner is facing charge of having committed rape on a lady who was dumb. Considering the allegation and the fact that he is in custody since 16.11.2006, this Court observed as under: “Looking to the period of incarceration, this Court is persuaded to observe that if the trial of the petitioner is not concluded by examining all the prosecution witnesses within eight month from the date of receipt/communication of this order in the court below, the petitioner shall have liberty to renew his prayer for bail before this Court.” Status report in this case was called for which is placed on record at Flag-A. It appears therefrom that out of eight (08) prosecution witnesses, till date only one witness has been examined on behalf of the prosecution. Considering the materials available on record, this Court, while declining the prayer of the petitioner, disposes of the application in the following manner: Let the Trial Court endeavour and examine all the prosecution witnesses within five (05) months from the date of receipt/communication of a copy of this order failing which the 2 Trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction subject to the following two conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )