IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2362 of 2009 MD.ASIF ALI @ MD.ASIF Versus STATE OF BIHAR ----------- 4 1.4.2009 Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner who is facing prosecution for an offence under Section 376 of the Indian Penal Code has already been rejected on two occasions and as such, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Md. Asif Ali @ Md. Asif is rejected. However, in keeping with the earlier observations and direction of this Court dated 29.11.2007 in Cr. Misc. No. 23767 of 2007, this Court had called for a report from the trial court as with regard to the stage of trial and a report at Flag-A to this application would go to show that the trial court expects that the trial would conclude in a period of three months. Considering the nature of allegation as also the stage of the trial, this Court would 2 direct the trial court to conclude the trial within a period of three months from the date of receipt/production of a copy of this order. The trial court must make all its endeavor to secure the attendance of the witnesses and conduct the trial on day-to-day basis. In the event, the trial is not concluded within the aforementioned period, the petitioner shall have liberty first to move the trial court which will be under obligation to spell out the reasons for not concluding the trial within the aforementioned period and thereafter, the petitioner may renew his prayer for bail before this Court. Rsh (Mihir Kumar Jha, J.)