IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42996 of 2009 BRIJ NANDAN RAM Versus STATE OF BIHAR ----------- 03. 24.02.2010 Heard counsel for the parties. This is a repeat application seeking bail in a case instituted under section 376 IPC. Earlier, prayer for bail made on behalf of the petitioner was considered and rejected by order dated 16.12.2008(Annexure-1). The concluding paragraph of the order reads thus: “However, this Court is inclined to observe that if the trial of the present case is not taken up within 9 months from the date of receipt of this order in the court below for no fault on the part of the petitioner, the petitioner may renew his prayer for bail.” Under order dated 06.01.2010, the status report was called for which has been received in this Court and is placed at Flag-X. From perusal of the status report it appears that although charges have been framed on 24.02.2009, but till the date of the report, not a single witness was examined on behalf of the prosecution. Learned counsel for the petitioner stated that the victim is a married lady. There appears to be delay in lodging the complaint. Having regard to the facts and circumstances of - 2 - the case and also the facts appearing from the records, this Court while declining the prayer of the petitioner, disposes of the present application in the following manner: “Let the trial court endeavour to take up the trial and examine all the prosecution witnesses on or before 30th June,2010, failing which the court below shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to his satisfaction in connection with S.T. No.875 of 2008 arising out of Warisnagar P.S.Case No.112/2008 subject to the conditions that one of the bailors of the petitioner shall be his own/close family member and that he shall appear on the date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall be at liberty cancel the bail bond of the petitioner. hr ( Kishore K. Mandal )