IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34899 of 2008 UMESH YADAV Versus STATE OF BIHAR ----------- 2. 11.9.2008 Heard. The earlier prayer for bail of the petitioner was dismissed by Annexure-1 and it was indicated that the dismissal was for the present. This has prompted the petitioner to approach this court again with a fresh prayer for bail. There is no change in the circumstance except that the charges appear framed by order dated 30th April of 2008. The learned Judge did not even had the report on summons issued to the witnesses. The contention is that the petitioner is in custody without trial. The merits of the case have been touched upon by this court in its earlier order and that is that this petitioner Umesh Yadav committed rape upon the victim, a young girl of 14 years and this could be a case under Section 376(G) IPC. As regards the non-production of the witnesses the Ist Additional Sessions Judge, East Champaran, Motihari could go through Shailendra Kumar Vrs. State of Bihar, AIR 2002 SC 270 and act accordingly. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )