IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9394 of 2009 PRAYAG CHAUHAN son of late Dil Chand Chauhan, resident of village- Pakaria, Nur Bigha, P.S.-Hisua, Dist.-Nawada Versus STATE OF BIHAR ----------- 3. 11.8.2009. Heard learned counsel for the petitioner and the State. The petitioner is sole named accused of a case which has been registered for the offence under section 376 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected twice. Called for report has been received. From the report it appears that only the doctor a formal witness has been examined and the case is pending for remaining P.Ws. Submission is that the petitioner is in custody since 1.5.2007. Earlier this court while rejecting the prayer for bail on 21.1.2008 vide annexure-1 had observed that trial should be concluded as early as possible but there is no progress. Independent witnesses have denied that there was rape rather they have stated that the petitioner has been falsely implicated on account of enmity. Considering the facts and circumstances of the case the above named petitioner 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 learned Chief Judicial Magistrate/concerned court, Nawada in connection with Hisua P.S. Case No. 40 of 2007. Md.S. (Shyam Kishore Sharma,J.)