IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21460 of 2009 BACHAN KUMAR @ BACHAN MAHTO Versus STATE OF BIHAR ----------- 2. 07.07.2009 Heard learned counsel for the petitioner. No one appears on behalf of the State. The petitioner is languishing in jail since 11.6.2004. He is the husband. The allegation is that he committed murder of his wife on account of non-fulfillment of the demand of dowry. Admittedly, the marriage was solemnized two years before the occurrence. The petitioner approached this initially in 2005. The same was considered and rejected by this Court under order dated 19.7.2005 (annexure-1). Subsequently, he again renewed his prayer for grant of bail which was again rejected by this Court under order dated 7.3.2007 (annexure1/1). It is contended that although the petitioner continues to languish in jail since 11.6.2004, the trial has not yet been concluded. Learned counsel fairly submitted that some witnesses have been examined in the case, but the informant (P.W.6) has not supported the prosecution case. Be that as it may, having regard to the fact that on two earlier occasions petitioner’s prayer for bail was rejected, this Court is not inclined to admit him to bail. His prayer for bail is, therefore, rejected. However, having regard to the submission, so - 2 - advanced by learned counsel for the petitioner, this Court directs as under: Let the trial court make endeavour to conclude the trial itself on or before 31st of October,2009, failing which it shall release the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction ((FTC No.5, Jehanabad in Sessions Trial No.254/05) in Ghosi (Hulasganj P.S.Caseno.298/03, subject to the conditions that one of the bailors shall be his own/close family member and that he shall appear personally on the date fixed in trial. In case of default, it will be open to the trial court to cancel his bail bonds. hr ( Kishore K. Mandal )