IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3929 of 2010 VIJAY RAI Versus STATE OF BIHAR ----------- 02. 10.03.2010 Heard both sides. Petitioner renews his prayer for grant of bail in a case instituted under diverse sections of the Penal Code including Section 376 of the Penal Code. Such renewal is being made in view of the observation incorporated in concluding paragraph of order dated 06.08.2009 (Annexure-1), whereby while dismissing the prayer for bail it was observed that if the victim does not turn- up for her deposition within three months, the petitioner shall have liberty to renew his prayer for bail. The said order appears to have been received on Court below on 09.09.2009. Learned counsel for the petitioner placed reliance on the statement made in paragraph nos. 18 and 19 of the present bail application. It is stated with reference to the order sheet of the Court below that after 09.09.2009, not a single witness has been examined on behalf of the prosecution. Petitioner appears to be in custody since 16.08.2006. In the facts and circumstances of the case, petitioner, named above, 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 the Ist Additional District and Sessions Judge, Katihar in connection with Sessions Trial No. 65 2 of 2007, In Azamnagar ( Salmari) P.S. Case No. 38 of 2006, subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in person before the Court below on each date fixed at the trial after the charges are framed. In case of default in such appearance on two consecutive dates, it shall be open to the trial Court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)