IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27183 of 2009 GULLY SAHANI @GUTALI SAHANI Versus STATE OF BIHAR ----------- 3. 16.09.2009 Heard counsel for the parties. The petitioner seeks bail in a case instituted under sections 395 and 412 IPC. The date of occurrence in the present case is between the intervening night of 19th/20th July, 1991. The petitioner was declared absconder sometime in the year 2007. He is now in custody since 8.4.2009. It is contended that some other accused persons having identical allegations have already been put on trial and acquitted by the court below under judgment and order dated 2nd of February,2009 in S. T.No.100/92. This Court under order dated 25.7.2009 called for the status report from the trial court which has been sent to and received and is placed at Flag X. From perusal of the report, it appears that charges have already been framed and summons have been issued for appearance of the witnesses. Having regard to the allegations as also the fact that he remained absconder for a long time, this Court while declining the prayer of the petitioner, disposes of the present application in the following manner. “Let the trial court make endeavour to examine at least three witnesses within five months from the date of receipt/communication of a copy of this order in the court below, failing which the trial court shall release the petitioner - 2 - on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction (2nd Addl. Sessions Judge, Bettiah, West Champaran) in Sessions Trial No.180 of 1994 arising out of Bettiah Muffasil P.S.Case No.82 of 1991 subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear on the date fixed in the trial. In case of default on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law.” hr ( Kishore K. Mandal )