IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21804 of 2009 NANKESH YADAV @ NANKESHWAR YADAV @ LANKESH YADAV Versus STATE OF BIHAR ----------- 03 12.08.2009 Heard both sides. Sole petitioner seeks bail in a case initially instituted under Sections 307/354 of the Penal Code. It is stated subsequently several months thereafter Sections 376 and 511 of the Penal Code were added. Allegation is that the informant/victim was traveling with the petitioner as the petitioner was friend of the husband of the informant. Informant was made to disembark at a station in the wee hours and then to go to a lonely place on the platform itself where he tried to molest her. On protest, she was inflicted with dagger causing injuries on the face and other parts of the body. Learned counsel for the petitioner referring to the injury report (annexure-2), submits that the injuries are simple in nature. It is further submitted very fairly that the trial is under way, in which out of 09 witnesses 04 have already been examined. It is highlighted that the informant/victim is not turning up for evidence in spite of summons. It appears the petitioner is in custody since 04.12.2008. Be that as it may, having regard to the allegations and the manner in which it was committed, this court, for the 2 present, is not inclined to extend the privilege of bail to the petitioner. Prayer for bail is, accordingly, rejected. However, this court taking into consideration his period of incarceration and the submission that the informant is not turning up for evidence in spite of service of summons, grants him liberty to renew prayer for bail if all the prosecution witnesses are not examined within 05 months from the date of receipt/communication of a copy of this order in the court below. Sym/ (Kishore K. Mandal, J.)