IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47097 of 2008 TRIBHUWAN GHOSH … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Ajay Kr.Ambastha For the State: Shri Dashrath Mehta, APP ----------- 3. 16.12.2008 Heard. The petitioner is the husband and his earlier prayer, it is true, was dismissed by me while hearing Cr. Misc. No. 36271 of 2007. The petitioner is in custody since 18.4.2007 and it is for about twenty months that the petitioner is in custody. The report which was required to be submitted by the learned trial Magistrate appears at Flag ‘A’ and that even compounds the situation. Not only the trial of the petitioner was stalled by resorting to the provision of Section 319 of the Cr. P.C. but the complainant produced as many as five witnesses under Section 244 of the Cr. P.C. before the court below. Thereafter another accused filed a petition for discharge under Section 245 Cr. P.C. and that took about a month to be disposed of as appears from 2 paragraph 4 of the report. The petitioner had not been anywhere in picture in all those proceedings as regards his contribution towards delaying the trial. It is true that the Court had earlier refused the prayer for bail but it is also another part of the truth that the petitioner has remained in custody for about twenty months and maximum sentence could be of 36 months if the learned Magistrate, at best, could have held the petitioner guilty of the offence. Considering the period of custody as noted above and that the charges are yet to be framed and witnesses are yet to be examined by the trial court under Section 246 of the Cr.P.C., the Court directs the release of petitioner Tribhuwan Ghosh alias Tribhuwan Kumar Ghosh alias Gholta on bail on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- divisional Judicial Magistrate, Bhagalpur, in connection with Complaint case No. 2387-C of 2005. The petitioner shall abide by the 3 following conditions: 1. That the petitioner shall remain physically present on all dates even if there could not be nay reason for his attendance. His attendance shall be mandated by any order or requirement by the court below. 2. That the petitioner shall neither attempt to intimidate the complainant or any other witness nor make any attempt to gain over the witnesses of the case. Kanth ( Dharnidhar Jha,J.)