IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41230 of 2009 MD.SALIM @ SALIM MIAN Versus STATE OF BIHAR ----------- 02/ 07-12-2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 103 of 2009 arising out of Kotwali P.S. Case No. 259 of 2002 for offences punishable under Sections 376, 452, 354, 380, 323 and 34 of the Indian Penal Code. Substance of allegation as against this petitioner who has been named in the F.I.R. is of committing rape on the informant in the night of 22.12.2002. Learned counsel appearing on behalf of the petitioner submits that he has been falsely implicated in the case and that the present case is an outcome of his effort to stop the illegal activities of the informant who according to him is a lady of questionable character. He submits that for no fault he is behind bar since 23.10.2008. He further submits that the case has been put on trial and four witnesses have been examined who have turned hostile. Having regard to the nature of allegations set - 2 - out in the F.I.R. and the fact that the case has been put on trial, I am not inclined to release the petitioner on bail. The prayer for bail is rejected. However, the learned trial court would be well advised to expedite the trial. S.Sb/- (Jyoti Saran, J.)