IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9370 of 2008 MERHU RAJBANSHI @ MEDHU @ RAMBILASH Versus THE STATE OF BIHAR ----------- 6/ 22/10/2008. Heard learned counsel for the petitioner and learned counsel for the State. The prayer for bail of the petitioner in a police case under Sections- 364A and 120B of I.P.C. was rejected earlier on 9.3.2006 in Cr.Misc.No.24741/2005 after noticing the materials in the case diary against him. Renewing the prayer for bail, learned counsel for the petitioner submits that the petitioner has remained in custody continuously since 23.10.2003 and the trial has been unduly delayed for no fault of his. The gravity of the offence is emphasized by the tender age of the victim. Simultaneously, the petitioner is stated to have remained in custody for now five years. The report called for reveals that not a single prosecution-witness has been examined till date. Learned counsel for the State opposes the application to submit that the punishment may extend to life imprisonment also, if found true. Considering the period of custody with nil progress in the trial, let the petitioner above named be enlarged on bail upon furnishing the bail-bonds of - 2 - Rs.25,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-cum-F.T.C. 1st , Nawada in Nawada Town P.S. Case No.298/2000 corresponding to S. Tr. No. 399/04/6/05. One of the bailors of the petitioner must be his mother. The other bailor must be an office bearer of the local Panchayat. The petitioner shall be required to be physically present on each date in the trial unless the court below, on an application for the purpose, exempts him on any singular date in its wisdom. Till the trial is not concluded, the petitioner shall be required to report before the Nawada Police Station every alternate Monday at 11.00 a.m. In the event of his failure to report on even a single date, the prosecution shall be at liberty to move for cancellation of his bail before the court below itself. KC ( Navin Sinha, J )