IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37960 of 2010 SUDHAN CHOUDHARY Versus STATE OF BIHAR ----------- 3. 19.01.2011 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner renews the prayer for bail in a Police case under Section 376 of the Penal Code, the victim alleged to be four and half years old. Learned Counsel submits that the petitioner is in custody since 18.8.2005 and the three non appearing witnesses as mentioned in the report called for are being awaited since 18.3.2009. In the nature of the accusation the Court does not consider the period of custody as sufficient ground to grant bail. This application is rejected. Five out of eight witnesses have been examined. Non bailable warrants of arrest have been issued against the remaining including the official witnesses. Let the Senior Superintendent of Police, Patna ensure that the warrants issued by the Court are duly complied with failing which in absence of proper report submitted the trial Court shall be at liberty proceed under Section 350 Cr.P.C. against the concerned. Snkumar/- (Navin Sinha,J.)