IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43998 of 2008 KAISAR ALI & ANR Versus STATE OF BIHAR ----------- 2. 12.11.2008 Heard counsel for the petitioners. Earlier the bail application of the petitioners in an offence of rape was rejected by an order dated 29.11.2007 in Cr.Misc.No. 48066/2007 by Annexure 1, observing therein that this Court was not inclined to grant bail to the petitioner ‘for the present’. Mrs. Soni Srivastava, learned counsel appearing for the petitioners, would contend that after the order of this Court dated 29.11.2007 evidence of five out of the ten witnesses including the prosecutrix have been already recorded and yet the trial of the case has not yet been concluded the petitioners who are in custody since 5/9/2007 deserve to be enlarged on bail. This Court would find that the evidence of the prosecutrix has already been recorded and she has fully supported the allegations, which however still await corroboration from the medical evidence and/or any other evidence. In that view of 2 the matter, this Court is not inclined to grant bail to the petitioners. The trial court is however directed to ensure that the trial is expedited and concluded preferably within a period of six months but only after securing the presence of Doctor and the Investigating Officer. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/