IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31965 of 2009 JAI PRAKASH SAH, S/o Shree Basu Sah, resident of village Mohiuddin Nagar, Shankar Chauk, P.S. Mohiuddin Nagar, District Samastipur Versus STATE OF BIHAR ----------- 2. 8.9.2009 Considering the fact that the petitioner is the husband and his trial is in progress, S.Tr.No. 164/2008, this Court is not inclined to grant bail to the petitioner but then taking into account that the petitioner is in custody since 23.10.2007 this Court would direct the concerned trial court to ensure that the trial of the petitioner and other co-accused persons is concluded within a period of one year from today. If the trial is not concluded in the aforementioned period, the petitioner shall move the trial court for bail and the trial court if it would find that there was no lach and lapse on the part of the defence, it would also proceed to examine the case of the petitioner for grant of bail on merits without being prejudiced by this order. In the event the trial court will reject the prayer for bail it would record reasons for not concluding the trial and only thereafter the petitioner will have 2 the liberty to move this Court for bail. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/