IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23009 of 2011 Parbhat Kumar Rajak @ Bol Bom Versus The State Of Bihar ----------- 02 20.07.2011 Heard both sides. This is the 3rd attempt of the petitioner before this Court to seek bail in a case instituted under Sections 363/376 of the Penal Code. Considering the fact that petitioner is alleged to have kidnapped 15 year old girl and committed rape on her, the prayer for bail was rejected by order dated 03.08.2009 (Annexure-1). His second application seeking bail stood rejected with observation by order dated 14.7.2010 (part of Annexure-1). While rejecting his application for bail, this Court observed that if the trial is not concluded by examining all the prosecution witnesses within 08 months from the date of receipt/ communication of the order petitioner will have liberty to renew prayer for bail. In the light of said observation the present application has been filed. It appears from the impugned order dated 28.6.2011 that the trial Court examined 05 witnesses and appropriate steps have already been taken to examine rest of the prosecution witnesses. Learned counsel for the petitioner submits that petitioner continues to incarcerate since 24.01.2009. Considering his period of incarceration, this Court had on the last occasion granted the said liberty. Learned APP, on the other hand, submits that at least on 02 occasions his prayer for bail was rejected considering the allegation and the materials on record. Having considered the submissions, this Court while declining the 2 prayer for grant of bail, disposes of this application by the following order:- Let trial Court examine all the prosecution witnesses within 04 months from the date of receipt/production of a copy of this order, failing which trial Court shall release the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Danapur, in connection with Sessions Trial no. 625 of 2009, arising out of Bihta P.S. case no. 281 of 2008, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Petitioner shall continue to appear in the Court below in person on the date(s) fixed at the trial. In case of default in such appearance without there being any compelling circumstance therefor, the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J. )