IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26178 of 2009 ALAM @ MD.ALAM @ BHAKKAH KHOWN, sonof Mouiddin, resident of village Chagatoli, P.S. Thakurganj (Powakhali), District Kishanganj Versus STATE OF BIHAR ----------- 2. 2.9.2009 Heard counsel for the petitioner and the counsel for the State. Whether it would be a case of 376 or a case of 415 of the Indian Penal Code can be a subject matter of trial but then this much is clear that the victim girl, the daughter of a blind person, has been subjected to some sort of promises for getting married, whereafter a physical relationship was established. The conduct of the petitioner in running away from the process of law and surrendering only on 8.4.2009 after creating sufficient evidence of victim girl being of immoral character of being married earlier would only go to show that it was the petitioner who was trying to tamper with the evidence. That being so, this Court is not inclined to grant bail to the petitioner and therefore, the trial court is directed to ensure that this case being one within the very limited compass, the trial of the 2 petitioner should be taken up expeditiously and concluded within a period of one year from today. If the trial is not concluded within the aforementioned period of one year from today, the petitioner shall have the liberty to initially move the trial court and the trial court will record reasons for not concluding the trial and only thereafter the petitioner may move this Court. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/