IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32079 of 2009 LAL KISHORE YADAV @ LAL YADAV, son of Jagdish Yadav, resident of village Atani, P.S. Baheri, District Darbhanga Versus STATE OF BIHAR ----------- 2. 9.9.2009 Heard counsel for the petitioner and the counsel for the State. Considering the fact that there is direct allegation of involvement of the petitioner in an offence u/ss 376/511 I.P.C. which in fact was initially lodged u/s 354 I.P.C., this Court while rejecting his prayer for bail at this stage would give liberty to the petitioner to move the trial court after the charges have been framed. If the court would find that no offence is made out u/s 376 I.P.C. and no charges can be framed against the petitioner it would be also open to the trial court to consider the prayer for bail of the petitioner on merits without being prejudiced by this order or by the order of the Sessions Judge, Darbhanga rejecting his bail application and in the event the trial court would reject the prayer for bail of the petitioner it would be under obligation to complete the trial itself within a period of one year from the 2 date of framing of charge. If the trial is not concluded in the aforementioned period, the petitioner will have the liberty to move initially before the trial court which would record reasons for not concluding the trial, whereafter the petitioner may move this Court for bail. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/