IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32686 of 2009 BINDESHWARI MISHRA @ BINDESHWAR MISHRA Son of Late Ramanand Mishra, Resident of Village Sakri Sagarpur, P.S. Sakri, District-Madhubani. At present Head clerk of Uda Kishunganj Block, District Madhepura. Versus STATE OF BIHAR ----------- 2 17/9/2009 Heard counsel for the petitioner and counsel for the State. Allegation of attempt to rape made by the prosecutrix stands corroborated by the statement of her parents as also from the concerned Medical Incharge who was first given information of the occurrence in the night itself and is also said to have sent the head Componder and guard of the hospital for help and support to the house of the prosecuting. In such a situation, defence of the petitioner that there was earlier altercation on account of theft by the victim in his house leading to a Panchayati, a fact which is not found to be yet substantiated in course of investigation, and is sought to be only relied on the basis of public petition written by the Pramukh, can hardy be a circumstance to disbelieve the allegation of the prosecution. Normally, in India no girl or woman would like to tarnish her own image especially when she is aged about 14 years and her statement has not been only recorded by the police but also stands corroborated from their parents, who had definitely no direct grudge against the petitioner who was holding the post of Head Clerk in the Block Office. 2 That being so, this Court is not inclined to grant bail to the petitioner. The trial court is hereby directed to commit the case to the court of Sessions forthwith, and trial itself of the petitioner should be concluded as early as possible preferably within a period of six months from the date of such commitment. In the event, trial would not be concluded within the period as aforesaid, the petitioner shall have liberty to initially move the trial court for grant of bail and if such prayer for bail of the petitioner is rejected by the trial court the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)