IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24927 of 2009 PANKAJ SHARMA Versus THE STATE OF BIHAR ----------- 04 02.09.2009 Heard both sides. Petitioner has renewed prayer for grant of bail in a case instituted under Section 366 of the Indian Penal Code. On two occasions his prayer for bail was refused by this Court under order dated 19.12.2008 (Annexure-1). Considering all aspects of the matter, this Court while refusing prayer for bail, granted the petitioner liberty to renew prayer for bail after six months, if in the meanwhile the trial of the case is not taken up. In this proceeding status report was called for from the court below under order dated 5.8.2009, the report is at Flag- ‘X’. It appears therefrom that the case has recently been committed on 18.8.2009. Learned counsel submits that the trial is not likely to begin immediately in near future. It is contended that he continues to be in custody since 26.2.2008. Counsel once again highlighted that there is/ are material on record to suggest that the 2 victim and the petitioner were having love affairs from before. In 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachiya in connection with Naugachiya (Dholbajja) P.S. Case No. 74 of 2008 subject to the following conditions:- (i) One of the bailors should the own/ close family member of the petitioner. (ii) Petitioner shall appear before the court below in person on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)