IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39741 of 2009 BHUBNESHWAR MANDAL Versus THE STATE OF BIHAR ----------- 03. 10.02.2010 Heard counsel for the parties. This is the third attempt of the petitioner for bail in a case instituted under section 376 IPC. As per the allegations contained in the complaint (later on treated as an FIR) the petitioner committed rape on a minor girl. On 20.02.2008, his prayed for bail was rejected. The petitioner again approached this Court for bail which was considered and rejected by order dated 04.02.2009(Annexure-1/1) wherein it was observed that if the prosecution fails to conclude its evidence on or before 9th of October, 2009, the petitioner shall have liberty to approach this Court. Earlier, in the present proceeding by order dated 18.11.2009, status report regarding stage of the case was called for. The report is on record (Flag-A). This Court finds that all the prosecution witnesses have been examined except the two I.O. for which steps have been taken. Learned counsel for the petitioner tried to convince this Court for bail with reference to the evidence of some of the witnesses. Having regard to the materials on record, this Court while declining the prayer of the petitioner, disposes of the present application in the following manner: - 2 - Let the trial court take all effective steps to examine the remaining prosecution witnesses on or before 15th of April,2010, failing which the trial court shall release the abovenamed petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its own satisfaction in connection with S.T.No.3/08 arising out of Pipra P.S.Case No.25 of 2007, subject to the condition that one of the bailors shall be his own/close family member and that the petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall be at liberty to cancel his bail bonds. hr ( Kishore K. Mandal )