IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15422 of 2011 Sanjay Yadav son of Aklu Yadav, resident of village- Manjhauli, P.S. Bakhtiarpur, District- Patna, at present residing at village- Nimakol, P.S. Wena, District- Nalanda --- Petitioner. Versus The State Of Bihar --- Opp. Party. ----------- 3/ 22-07-2011 Heard. In a criminal prosecution registered under sections 379/376 (2) (g) /34 of the Indian Penal Code as also under sections 3(i) (x) (xi) (xii) and 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the informant Punam Kumari is said to have been subjected to gang rape by the petitioner and other accused persons. Learned counsel for the petitioner submits that though occurrence has taken place on 01.03.2007, but the written report has been submitted on 03.04.2007, which creates doubt about the bonafide and genuineness of the entire criminal prosecution. The petitioner is said to be in judicial custody since 10.08.2010. Learned Addl. P.P. has strongly opposed the prayer for bail. He submits that the victim is a member of scheduled caste and she was subjected to gang rape by putting her father and brother under the fear of death. He also submits that the medical report supports the prosecution case. He has further submitted that witnesses 2 have also supported the prosecution case during the course of investigation and the victim is a minor girl. Be that as it may, in view of serious nature of allegation against the petitioner, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of bail in connection with Harnaut P.S. Case No. 78 of 2007, pending in the court of learned Sub-Divisional Judicial Magistrate, Bihar Sharif, Nalanda. It is, accordingly, rejected. Learned Magistrate is directed to commit the case of the petitioner to the court of Sessions without any further delay. However, after framing of charge, if the trial of the petitioner is not concluded within a period of one year, without there being any fault on the part of the petitioner, he shall be at liberty to renew his prayer for bail. BTiwary/ ( Birendra Prasad Verma, J.)