IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29004 of 2011 1. Md. Saleem @ Md.Salim, S/O Md. Safique, R/O Vill. Fakuli, P.S. Kurhani, Distt. Muzaffarpur. Versus 1. The State of Bihar ------------------ 02. 08.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366 of the Indian Penal Code. It has been submitted that for misuse of privilege of bail the petitioner has been put behind the bars but now charges have been framed and in the light of the statement of the victim no offence whatsoever is made out against the petitioner. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-I, Muzaffarpur in connection with Kurhani P.S. Case No. 158 of 1993 (S.Tr. No. 140/2000) subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is 2 any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Trial Court is directed to expedite the trial and conclude it positively within a period of six months and will consider examination of the alleged victim as the first prosecution witness since as per her statement recorded under Section 164 Cr.P.C. no offence whatsoever is made out against the accused persons. To facilitate the same, he is directed to send a list of witnesses fixing specific dates to the S.P. concerned along with the copy of this order who will ensure the attendance of the witnesses on the said dates so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.)