IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.77 of 2011 MD.SAHZAD @ FARUKH ABDULLA SON OF MD. ALI HUSSAIN @ MUNNA, R/O- VILLAGE- PIYANIA, P.S.- UDWANTNAGAR, DISTRICT- BHOJPUR UNDER GUARDIANSHIP OF FATHER MD. ALI HUSSAIN. Versus THE STATE OF BIHAR 2 18.01.2011 Admittedly, petitioner along with his family members, are accused in a case instituted under Sections 363, 366A/34 and 376/34 of the Indian Penal Code. Petitioner’s father, own brother and maternal uncle are other accuseds of this case. It appears from the statement of the girl that she was forcibly kidnapped and thereafter raped by the accused persons. Learned counsel for the petitioner submits that investigation has been concluded so far as the petitioner is concerned but the same is still going on in respect of the other accused persons which include father, own brother and maternal uncle of the petitioner. Considering the materials on record including the allegation and the fact that the own family members of the petitioner are also involved in the case against whom, as submitted, investigation is still going on, this Court is not inclined to direct for his release as the same may bring him back to the company of his own family members who are facing charge/accusations. Prayer for bail is rejected at this stage. Learned counsel for the petitioner submits that he is in custody/remand home since 13.5.2010. Considering that - 2 - aspect of the matter, this Court is persuaded to observe that if the trial is not taken up within seven months from the date of receipt/production of a copy of this order, petitioner shall have liberty to renew his prayer for bail in the Court below which shall be considered and disposed of in accordance with law uninfluenced by the present order. pkj (Kishore K. Mandal, J)