IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29433 of 2011 Binod Rai S/O Bindeshwar Rai R/O Vill. Itha, P.S. Sakra, Distt. Muzaffarpur Versus 1. The State Of Bihar ---------------------------------- 02. 08.09.2011 Heard learned counsel for the petitioner. No one appears on behalf of the State. This is the second attempt of the petitioner for grant of bail in connection with Sakra P.S. Case No. 94 of 2008 for the alleged offence under Sections 376 of the Indian Penal Code. The previous application of the petitioner was heard and rejected by order dated 05.11.2009 passed in Cr. Misc. No. 7594 of 2009 as contained in Annexure- 1. Learned counsel for the petitioner submits that the petitioner is in custody since 27th of September 2008. It is further submitted that even though the charges were framed on 24.01.2009 and since then large number of dates were fixed till 10th of August 2011 for production of the prosecution witnesses, but none could be produced despite issuance of summons, warrant of arrest as also non-bailable warrant of arrest. The police did not even submit a report on execution of such warrant as called for by the court and the petitioner is being produced on each and every date 2 and as such, is being subjected to undue harassment as also interfering with his right of speedy trial. Petitioner has annexed the entire order sheet of the Sessions Trial No. 2 of 2009 arising out of the aforesaid police case from 24th of February 2009 to 10th of August 2011, wherefrom it appears that the case is being adjourned on each date for production of the prosecution witnesses. Considering the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Vth Additional Sessions Judge, Muzuffarpur in connection with Sakra P.S. Case No. 94 of 2008. The court below shall communicate this order to the Superintendent of Police, Muzuffarpur and also the Inspector General of Police, Tirhut North Zone, Muzuffarpur for immediate needful. Jagdish ( Shailesh Kumar Sinha, J.)