IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32597 of 2009 NITESH KUMAR @ NITESH KUMAR SINGH Son of Dinesh @ Bindeshwar Singh, Resident of Village Bhartendu Nagar, P.S. Mahanar District-Vaishali. Versus STATE OF BIHAR ----------- 2 15/9/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that prayer of the petitioner for bail in this case has been rejected thrice on merits, there would be no reason for this Court to reconsider prayer for bail of the petitioner again on merits. This Court, however, would find that the petitioner is in custody since 20th February, 2006 and the trial court while rejecting prayer for bail of the petitioner by the impugned order dated 31.7.2009 has indicated that trial of the petitioner is almost on the verge of completion, inasmuch as, all the prosecution witnesses have been examined after the prosecution has given up charge sheet witness Mohan Singh. The court below, however, seems to be now awaiting for examination of victim lady for quite some time but this stalement cannot be allowed to be continued for an indefinite period. In that view of the matter, this Court would direct the trial court to ensure that remaining portion of trial of the petitioner is concluded positively within a period of six months from today and judgment is also pronounced in the case during the aforementioned period of six months. In the event, trial is not concluded in the 2 aforementioned period of six months the petitioner shall have liberty to move the trial court which will record reasons for not concluding the trial within the aforementioned period, whereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)