S.K.Singh, J.

1. The present application has been filed for a direction to release the petitioner on bail under the provisions of sec. 437(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").

2. The petitioner has earlier moved this Court for bail but the same was dismissed vide Cr. Misc. No. 6238192 on 3.6.1992 by Chowdhary S.N. Mishra, J. with an observation that the petitioner may renew his prayer for bail after sixmonths if so advised. However, before expiry of the said period, the petitioner has again moved this Court, as According to the learned counsel the Judicial Magistrate was duty bound to release him u/s. 437 (6) of the Code. This application was placed before Choudhary S.N. Mishra, J. but as he declined to hear the same it has been placed before me. The petitioner is facing trial for charges u/s. 392 of the Code.

3. Learned counsel appearing on behalf of the petitioner states that 15-7-1992 was the first date fixed by the trial Court for taking evidence but no witness for the prosecution turned up on that date. According to him the statutory period as prescribed u/s. 437 (6) of the code for keeping the petitioner in custody during