IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42262 of 2009 TUNTUN MALI son of Sambhu bhagat r/o Jamhor P.S. Jamhor District Aurangabad. Versus STATE OF BIHAR ----------- 2 4/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 366 (A)/34 and other allied sections of the Indian Penal Code. Subsequently, offence under section 376 of the I.P.C. also has been added. The petitioner’s only defence case is that the main role was played for and on behalf of one Amit Singh and the petitioner was only friend of such Amit Singh and had no intention beyond helping him. Mr. Yogesh Chandra Verma, in fact has also placed before this Court a compromise petition dated 1.5.2008 wherein parties have resolved their differences and accepted the occurrence as a mistake of fact. He would also submit that the petitioner has got clean antecedent. In the opinion of this Court, all these things would be meaningless if the age of the victim girl as assessed by the Court is taken into account, wherein at the time of recording of her statement under section 164 of the Cr.P.C. it was found to be around 15 years. Counsel for the petitioner, however, would rely on the medical report 2 which would go to show that her age in any way was 17 to 19 years. All these are therefore matter of trial and the trial, according to the counsel for the petitioner, is on the way. That being so, this Court is not inclined to grant bail to the petitioner and therefore this application is dismissed with a direction to the trial court to ensure that the trial of the petitioner is concluded within a period of six months from the date of receipt/production of a copy of this order. Abhay Kumar (Mihir Kumar Jha, J.)