IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31199 of 2011 Jaikant Yadav Versus The State Of Bihar ---------------------------------- 03. 30.11.2011 Heard both sides. This is the third attempt of the petitioner to seek bail in a case instituted under section 395 and 376(2) (g) IPC. Petitioner’s prayer for bail was considered and rejected by order dated 3.8.2009 passed in Cr. Misc. No. 26667 of 2009 (Annexure-1). Again he moved this Court for bail which was considered and rejected by order dated 21.4.2010 (Annexure-1/A). This Court, while rejecting his application for bail for second time, observed as under:- “In that view of the matter, while rejecting the prayer of the petitioner this Court observes that if all the prosecution witnesses are not examined within five months from the date of receipt/communication of a copy of this order in the court below, petitioner shall have liberty to renew prayer for bail.” Learned counsel for the petitioner submits that he is languishing in jail since 01.04.2008. It is also contended that some other accused persons of the present case have since been released on bail. Status report was called for from the trial court. The same is at Flag A. On perusal thereof, it appears that the matter was fixed for final argument on 24.10.2011. A supplementary affidavit has been filed on behalf of 2 the petitioner. It has been stated with reference to the order dated 11.11.2011 passed by learned trial Judge that one of the co-accused(s) privileged with bail has absconded. The matter is now fixed for his appearance on 13.12.201 Regard being had to the materials on record including the allegations and the two previous orders, this Court while declining the prayer of the petitioner disposes of the present application by the following order: Let the trial court endeavour to conclude the trial itself within three months from the date of receipt/production of a copy of this order, failing which the trial court(Addl. Sessions Judge-IV, Patna) shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.15, 000/- (fifteen thousand) with two sureties of the like amount each to its satisfaction in connection with Sessions Trial No. 1640/08 arising out of Parsa Bazar P.S. Case No.21/07, subject to the condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial failing which, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )