IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1102 of 2011 RUPESH KUMAR @ PUMPUM Versus THE STATE OF BIHAR ----------- 2 14.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner is languishing in jail custody since 16.11.2007 in connection with Hathauri P.S. Case No. 123 of 2007 corresponding to Sessions Trial No. 284 of 2008 registered under section-366A of the Indian Penal Code. Petitioner is neither named in the FIR nor in the statement of victim recorded u/S 164 of the Cr.P.C. but it appears that the name of this petitioner came in this case in course of investigation and the victim girl was recovered from his possession. No doubt, earlier prayer for bail of this petitioner was rejected by another Bench of this court vide order dated 07.04.2009 passed in Cr. Misc. No. 23858 of 2008 but it appears from the perusal of impugned order that the charges were framed against the petitioner on 09.07.2008 and uptill now, only four prosecution witnesses including the victim have - 2 - been examined. It appears that there is no chance of conclusion of trial of the petitioner in near future. Therefore, considering the above-said facts and circumstances as well as period of detention in judicial custody, the petitioner, namely, Rupesh Kumar @ Pumpum is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Hathauri P.S. Case No. 123 of 2007 corresponding to Sessions Trial No. 284 of 2008 to the satisfaction of Additional Sessions Judge-II, Muzaffarpur subject to condition that one of the sureties must be father of the petitioner. AKV/- (Hemant Kumar Srivastava,J.)