IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18645 of 2010 MD.GUDDU Versus STATE OF BIHAR ----------- 3 30-06-2010 Heard learned counsel for the petitioner and the learned Addl. P.P. for the state. Petitioner has renewed his prayer for bail in a case instituted under diverse section of the penal code including Sec. 366 IPC. Earlier his application for bail was considered and rejected by this court vide order dated 25-08-2009 passed in Cr. Misc. No. 28112 of 2009 (Annexure-1). He was however granted liberty to renew prayer for bail after seven months. A status report was called for in the present case, which has been received, and is placed on record marked ‘X’. It appears therefrom that charges have been framed on 09.11.2009 and till date of the report not a single witness has been produced and examined on behalf of the prosecution. Learned counsel for the petitioner handed in certified copy of order dated 17-06-2010 passed in the case of Md. Chand (Cr. Misc. No. 20610 of 2010), wherefrom it would appear that considering the fact that there was no allegation of sexual assault upon the victim by the petitioner, he was released on bail. Said 2 order is placed on record marked ‘Y’. With reference to the statement of the victim it is submitted that no such allegation has been made against the petitioner. Petitioner seems to be in custody since 7.4.2009. In the facts and circumstances, petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C. No.-2, Muzaffarpur in connection with S.T. Case No. 791/2009 arising out of Town P.S. Case No. 137/2009; subject to the conditions that (i) one of the bailors shall be his own close family members; (ii) the petitioner shall appear in person on the date fixed at the trial. In case of default in such appearance on two consecutive dates the trial court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sujit (Kishore K.Mandal,J)