IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32146 of 2010 PRAMOD KUMAR MAHTO @ YOGENDRA MAHTO S/O- SHEO NARAYAN MAHTO Versus THE STATE OF BIHAR ----------- 3 24.11.2010 Heard. This is repeat application seeking bail in a case instituted under Section 376 of the Indian Penal Code. Earlier his prayer for bail was considered and rejected on 29.6.2009 (Annexure-1). However, he was granted liberty to renew his prayer for bail if the trial does not commence within one year from the said date. A status report was called for in this case which is placed at Flag-A. It appears therefrom that trial has already been taken up in which as many as six (06) witnesses have already been examined. Petitioner seems to be in custody since 19.11.2008 . Order dated 29.6.2009 would eloquently indicate the reasons for refusal of bail. Having regard to the submissions advanced on behalf of the petitioner and further after going through the materials on record including the order dated 29.6.2009 as also the status report, this Court, while declining the prayer for grant of bail, disposes of this application by the following order: Let the Trial Court take adequate steps to ensure examination of all prosecution witnesses within 06 months from the date of receipt/communication of the order in the Court below failing which the Trial Court shall release the petitioner 2 abovenamed on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its the satisfaction in connection with Bibhutipur P.S. case no. 99/08 subject to the following conditions: (i) One of the bailors 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. pkj ( Kishore K. Mandal, J. )