IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1707 of 2011 FARID, SON OF LATE BHALAI Versus THE STATE OF BIHAR with Cr.Misc. No.2368 of 2011 MD. ZUBAIR, SON OF RASID Versus THE STATE OF BIHAR ----------- 02 25.02.2011 Both the above stated criminal miscellaneous cases arise out of Amour P.S. Case No. 91 of 2009 registered under Sections 376, 450, 506, 324, 307/34 of the Indian Penal Code and accordingly, both the above stated criminal miscellaneous cases are being disposed of by this common order. Heard Md. Nadimul Hasan, learned counsel appearing for the petitioners. None appears on behalf of the State though the name of Sri Kalyan Shankar appears in daily cause list as learned Additional Public Prosecutor. There is specific allegation against the petitioner in Cr. Misc. No. 1707 of 2011 that he committed rape on the informant after entering into her house and so far as the allegation against petitioner in Cr. Misc. No. 2368 of 2011 is concerned, it is stated that he gave farsa blow on the informant’s husband when he went to make complaint about the above stated incident of rape. Annexure-3 to Cr. Misc. No. 2368 of 2011 reveals that the informant’s husband has received simple injury. Learned counsel for the petitioners submits that when - 2 - the informant was medically examined, the doctor did not find any sign of rape. Considering the aforesaid facts and circumstances as well as submissions of the parties, I think it proper to extend the privilege of bail to petitioner in Cr. Misc. No. 2368 of 2011 and accordingly, it is ordered that the petitioner in Cr. Misc. No. 2368 of 2011, namely, Md. Zubair is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-I, Purnea in connection with Sessions Trial No. 1373 of 2010 arising out of above stated Amour P.S. Case No. 91 of 2009. So far as petitioner in Cr. Misc. No. 1707 of 2011 is concerned, in my view, it is not a fit case for grant of bail to him, at least, at this stage. Accordingly, his prayer for bail stands rejected. However, learned trial court is directed to expedite the trial of the petitioner in Cr. Misc. No. 1707 of 2011 and dispose of the aforesaid trial preferably within six months from the date of receipt of this order. It is made clear that if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. Shahzad ( Hemant Kumar Srivastava, J.)