IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15711 of 2011 Krishna @ Krishna Sao @ Krishna Bhagwan Sao Versus The State Of Bihar --------------------- 03. 12.10.2011 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 2463 of 2008 arising from Naubatpur P.S. Case No. 89 of 2008 for offences punishable under Sections 302, 201/34 of the Indian Penal Code. The substance of allegation against the petitioner is of killing his own daughter and thereafter committing rape on her. The prayer of the petitioner was earlier considered and rejected by order dated 8.10.2009 passed in Cr. Misc. No. 22646 of 2009. Learned counsel for the petitioner submits that the implication of the petitioner is by reason of confessional statement made by him before the Police and which is not admissible in evidence. He submits that in the circumstances aforesaid the petitioner has remained in incarceration since 23.3.2008 i.e. a period of almost three and half years. A report was called for from the trial court and which has since been received mentioning therein that the trial is at the stage of prosecution evidence. Considering the circumstances and the period of incarceration, let the petitioner Krishna @ Krishna Sao @ Krishna 2 Bhagwan Sao be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Session Judge, Fast Track Court Ist, Patna in connection with Sessions Trial No. 2463 of 2008 arising from Naubatpur P.S. Case No. 89 of 2008 subject to the condition that the petitioner would be personally present before the trial court on each and every date fixed in the case and the failure on the part of the petitioner to present himself on two consecutive dates without reasonable explanation to the satisfaction of the trial court would entitle the trial court to cancel his bail bond and to take him into custody. S.Sb/- (Jyoti Saran, J.)