IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33738 of 2009 RAJDEO SAHNI son of Bindeshwar Sahni @ Bindi Sahni, resident of village Gunai Basahi, P.S. Tajpur, District Samastipur… …Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: Mr.Abhay Shanker Singh, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 3 10.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 376/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is variation in the statement of the victim in the first information report as well as in her further statement before the police. It is further submitted that from perusal of the several paragraphs of the case diary including paragraphs 38 and 42 thereof, it transpires that there has been false implication of the petitioner. It is also submitted that charges have been framed against the petitioner in this case. Further submission of the petitioner is the first information report has been lodged after four days and the medical report does not confirm the case of rape upon the victim. Learned counsel for the State submitted that the 2 informant is victim and she has given graphic account of the occurrence. So far medical report is concerned, it has been stated that sign of rape could not be found after four days of the occurrence. In the facts and circumstances of the case and also in view of the fact that the petitioner has been named by the informant, who is herself the victim, upon whom rape was committed by the petitioner and other accused persons, I am not inclined to grant him bail for the present. This application is, accordingly, dismissed. However, it is made clear that charges have been framed against the petitioner, as stated by the learned counsel for the petitioner, the trial court shall take all possible steps to conclude the trial within six months from the date of receipt/production of a copy of this order. SC ( Dr. Ravi Ranjan, J.)