IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32734 of 2010 SURESH @ PAGLA @ SURESH RAI SON OF LATE PRABHU RAI Versus STATE OF BIHAR 4 22.12.2010 Heard Learned counsel for the petitioner and the State. Petitioner is facing accusations punishable under Sections 366/34 I.P.C. in which Section 376(2)(g) IPC and Section 3(X) of SC/ST Prevention of Atrocities Act were added later. Allegation is that petitioner and others forcibly entered into the house of the informant and thereafter dragged away his wife whereafter she was raped. Learned counsel submits that the petitioner is in custody since 14.2.2007. It is next submitted that another co-accused namely Manohar @ Manohar Yadav @ Manohar Rai has been released on bail by this Court by order dated 22.9.2010 passed in Cr. Misc. No. 34615 of 2010 considering the fact that the victim has not supported the prosecution case during her deposition at the trial. A status report was called for from the Court by order dated 8.10.2010 which is placed at Flag-X. It appears therefrom that three prosecution witnesses were examined till date on behalf of the prosecution but none of them have supported the prosecution case. The Trial Court has, however, stated that the trial itself will be completed within three months. Having regard to the materials available on record as - 2 - also the report, this Court, while declining the prayer of the petitioner for bail, disposes of the application in the following manner: Let the Trial Court complete the examination of all prosecution witnesses within six (06) weeks from the date of receipt/production of a copy of this order failing which the Trial Court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Mokama P.S. case no. 204/06 subject to the following two conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. Le the order be communicated through fax at the cost of the petitioner. pkj (Kishore K. Mandal, J)