IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21051 of 2009 VIJAY RAI Versus STATE OF BIHAR ----------- 3 06.08.2009 Heard learned counsel for the petitioner. No body appears on behalf of State. Petitioner has renewed his prayer for grant of bail. He is accused in a case instituted under diverse sections of Indian Penal Code including Section 376 IPC. Annexure-1 indicates that considering the direct allegation against him, his prayer for bail was refused on 12.2.2007. Again he moved this court which was again rejected by order dated 31.10.2007 (Annexure-1/1). Learned counsel submits that in spite of notice, the victim (Jitni Kumari) is not appearing for her deposition. It is contended that he is in custody since 16.8.2006. Having regard to the fact that on earlier two occasions, his prayer for bail was rejected, this court is also not inclined to admit him to bail. His prayer for bail stands rejected. However, considering the period of incarceration and stand that in spite of notice, the victim is not turning up for her deposition, this court observes that if the victim did not turn up for her deposition within three months from the date of receipt/communication of this order, the petitioner shall have liberty to renew his prayer. pkj ( Kishore K. Mandal, J. ) 2