IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40869 of 2010 CHANDAN SAO Son of Krishna Sao , resident of village Bahadurpur, Police Station Bakhtiayarpur, District Patna … Petitioner Versus THE STATE OF BIHAR… .. OPPOSITE PARTY For the Petitioner: Mr. Prem Chandra Yadav, Advocate For the State : Mr. S. Ahmad, APP ----------- 3 18.01.2011 Heard learned counsel for the petitioner and learned counsel for the State and also perused the report kept at Flag A. Petitioner seeks bail in a case registered for the offences punishable under sections 366(A) and 376 of the Indian Penal Code. Petitioner’s prayer for bail has earlier been rejected by this Court vide order dated 26.04.2010 in Criminal Miscellaneous No. 3456 of 2010. It is submitted on behalf of the petitioner that in fact, there was love affair between the petitioner and the girl, which stands corroborated by the statement of few witnesses recorded under section 161 of the Code of Criminal Procedure. It is also submitted that from the medical examination the factum of rape could not be established. 2 However, it is submitted on behalf of the State that the statement of the abducted victim girl has been recorded under section 164 of the Code of Criminal Procedure, where she has stated her age as 13 years, however, the court has assessed her age as 16 years and she has stated that the petitioner has committed rape on her. Having regard to the facts and circumstances of the case and in view of the fact that the victim girl in her statement under section 164 of the Code of Criminal Procedure has clearly stated that the victim is minor girl and rape has been committed upon her by the petitioner, I am not inclined to grant bail to the petitioner at this stage. This application is, accordingly, dismissed. However, it is submitted that the petitioner is in custody since 21.06.2009. It is expected from the court concerned to hear the petitioner upon the issue of framing of charge immediately and if charges are framed against the petitioner, then thereafter the court concerned is directed to conclude the trial as expeditiously as possible, preferably within six months. SC (Dr. Ravi Ranjan, J.)