IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21446 of 2009 KISHUN NONIA Versus STATE OF BIHAR ----------- 2 07.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including section 376 IPC. As per allegation in the F.I.R., the petitioner is said to have committed rape on the informant who is victim. Learned counsel fairly states before this court that the trial has already been taken up in course whereof, victim has been examined as P.W. 4. It is submitted that she has not supported the allegation of rape. It is further contended that he is in custody since 30.9.2008. Having regard to the allegation levelled against him in the F.I.R., the court is not inclined to admit him to bail. His prayer for bail stands rejected. It appears that the trial has already been taken up. As submitted by the learned counsel, the victim has not supported the prosecution case, in the fitness of things, this court observes that let the trial (being Sessions Trial No. 7 of 2009) itself be concluded expeditiously. The Trial Court shall make all endeavour to conclude the same by 31st October, 2009 failing which the Trial court shall release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to his own satisfaction. 2 In the event, the bail is granted in terms of the present order, the same shall carry following two conditions: (i) One of the bailers shall be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In the event of his non appearance, without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )