IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36677 of 2008 SK.MUSTAFA @ MD.MUSTAFA @ SK.JHUPAN, SON OF LATE SK. DHOIL, R/V LIPANI, P.S. MAINATAR, DISTRICT WEST CHAMPARAN-------------------PETITIOENR. Versus STATE OF BIHAR-------------------------OPPOSITE PARTY. For the Petitioner : Mr. Sanjeev Kumar- 1 , Adv. For the Opposite Party : Mr. Nityanand Tiwary, APP. ----------- 03. 22.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 364A of the Penal Code, which was registered in the year 2000. He has been implicated in this case on the basis of the statement of a spy recorded in paragraph- 30 of the case diary thereafter the victim appeared and he also named the petitioner in paragraph 43 of the case diary. Petitioner has been absconding for about seven years as he surrendered on 4.6.2008. In the circumstances, I am not inclined to release him on bail and this application is rejected. But considering the fact that his antecedent is absolutely clean, he is directed to renew his prayer for bail after two years if the trial is not concluded. Court below(Chief Judicial Magistrate, West Champaran at Bettiah) is directed to commit the case(Sathi P.S. Case No. 92 of 2000) to the court of sessions forthwith and the trial must begin within one month of the commitment. Rajesh/ (V.N.Sinha, J)