IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31987 of 2009 SAHEB MIAN Son of Late Tumti Mian, of Village Khulni, Police Station Shahkund, District Bhagalpur. Versus STATE OF BIHAR ----------- 2 9/9/2009 Heard counsel for the petitioner and counsel for the State. An information relating to allegation of rape lodged before the police within one hour of the occurrence followed by recovery of blood stained under-garments of the victim girl and her definite statement that the petitioner being the sole person ravishing her modesty, cannot be disbelieved only because of vague medical injury report dated 3.4.2009 suggesting that in course of vaginal swab no spermatozoa was found or that there was no evidence of recent sexual intercourse. Such medical evidence must give way to the ocular evidence. That being so, this Court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. However, considering the fact that the petitioner is sole accused and is in custody and there are only limited number of witnesses to prove the charge, this Court would direct the trial court to commit the case to the court of Sessions, if not done sofar, within a period of one month from today and the trial thereafter would proceed immediately so as to conclude the same within a period of one year from the date of commitment. In the event, for any reason trial is not concluded the 2 petitioner shall have liberty initially to move the trial court for bail and if trial court would find that it was the prosecution who had delayed conclusion of the trial, it may also proceed to grant bail to the petitioner. On the other hand, if the trial court refuses bail the petitioner will have also liberty to move this Court. Abhay Kumar (Mihir Kumar Jha, J.)