IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36326 of 2010 BHUDEO YADAV Versus THE STATE OF BIHAR ----------- 3 10.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner, Bhudeo Yadav seeks bail in connection with Sessions Trial No. 781 of 2009 arising out of Chandan P.S. Case No. 42 of 2009 registered under sections 376, 323, 341, 506/34 of the Indian Penal Code and section 3(XI) of the SC/ST (Prevention of Atrocities) Act. There is specific allegation of rape against the petitioner and it appears from perusal of impugned order of learned Sessions Judge-Ist, Bhagalpur that the trial of the petitioner is in full swing and except the victim almost all the witnesses have already been examined. Learned counsel for the petitioner submits that almost all the processes have already been exhausted against the victim to procure her attendance for her deposition but the victim is not appearing before the trial court. In the aforesaid circumstances, the prayer for bail on behalf of the petitioner stands rejected with direction to the learned Ist Additional Sessions Judge, Bhagalpur to conclude the trial of the petitioner within four months from 2 the date of receipt of the order. Furthermore, the Ist Additional Sessions Judge-Bhagalpur shall take all possible steps to secure the attendance of informant as well as remaining witnesses. Let this order be communicated to the Superintendent of Police, Bhagalpur for giving all assistance to the concerned court for securing the attendance of victim as well as remaining witnesses of this case. It is made clear that if the trial of the petitioner is not concluded within above-said period, the petitioner shall be entitled to get the privilege of bail by the learned Ist Additional Sessions Judge, Bhagalpur itself. AKV/- ( Hemant Kumar Srivastava,J.)