IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34807 of 2009 Bhola Mahto, Son of Late Lakshmi Mahto, Resident of Village Rani Sakarpur, P.S. Gangaur, District Khagaria. ------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 2 12.10.2009 Heard counsel for the petitioner and counsel for the State as also counsel for the informant. Allegation, to say the least, is shocking one. It is the petitioner, the elder brother of the husband of the informant, who is said to have made an attempt to rape her own sister-in-law (wife of his own younger predeceased brother) who is a widow. The defence of the petitioner that such a false case has been filed only to settle some dispute of land arising out of sale of a portion of the land of the mother of the petitioner and the sale proceeds going to the credit of the petitioner would have by itself been acceptable to this Court, had the version of the informant victim lady been not supported by an eight years old son of the informant who was also sleeping with her at 2 the time of occurrence. It is the statement of the child witness as recorded in paragraph no.8 which would make all the difference giving credence to the allegation of the prosecution and would make the statement of the prosecutrix prima-facie believable. Considering all these aspects of the matter, this Court is not inclined to grant bail to the petitioner, namely, Bhola Mahto but then as the petitioner is the sole accused and is in custody since 9.7.2009, this Court would direct the trial court to ensure that as soon as the case is committed to the court of sessions, the trial of the case shall be taken out of turn and would be completed within six months of the date of commitment of the case. Learned counsel for the informant assures this Court that the evidence of the informant and that of her son shall be recorded as soon as the trial begins. In the event the informant shall adopt any evasive attempt and/or not come forward to depose on the date fixed by the trial court and in the event the trial is not concluded within the aforesaid period of six months, it 3 will be open for the petitioner to initially move the trial court and the trial court would be under obligation to record the reasons for not concluding the trial within the aforementioned time frame whereafter only, the petitioner may move for bail before this Court. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)