IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45450 of 2009 KRISHNA SINGH @ KISAN SINGH S/O LATE SACHIDA SINGH, R/O VILLAGE- MEGHI TOLA, PS- PANDARAK DISTT- PATNA----------------PETITIONER Versus THE STATE OF BIHAR-----------OPP.PARTY ----------- 3 21.7.2010 Heard learned counsel for the parties. Petitioner is an accused under sections 363 and 366 of the Indian Penal Code for which Phulwarisharif P.S. Case No. 80 of 2008 was lodged. Petitioner has been in custody since 2nd June, 2008. Though the charge has been framed against him about a year ago but no witnesses are turned up despite summons and now warrants. Submission of learned counsel is that he has remained in custody for more than two years now. He has a family to take care of and he assures the Court that he will participate in the trial of the case, if he is enlarged on bail. An affidavit has been filed on behalf of the wife stating that he (petitioner) is the only male member in the family and he has many a children to take care. She also undertakes responsibility in case the petitioner is granted bail by standing surety. Keeping in mind the period the petitioner spent in custody and also the fact that the prosecution has failed to produce witnesses for almost a year, now the Court is inclined to enlarge the petitioner on bail. - 2 - Let the petitioner, namely, Krishna Singh @ Kisan Singh be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court III, Patna in connection with Sessions Trial No. 2471 of 2008 arising out of Phulwarisharif P.S. Case No. 80 of 2008. One of the sureties to be executed by the wife of the petitioner, namely, Shila Devi who has sworn the affidavit before this Court. The court below shall verify the identity of Shila Devi before allowing her to execute the surety based on authentic document. The other surety will be executed by a local representative of which the petitioner belongs and that too on due verification. It is further recorded that the petitioner shall appear before the trial court on each and every date either through himself or through his counsel and shall ensure that he does not indulge in any further crime of the kind and, in default either of the two, the privilege of bail granted to him shall be taken away by the court below. The prayer for bail is allowed with the above conditions. RPS (Ajay Kumar Tripathi, J.)