IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35645 of 2009 BABLOO SAH S/O- LATE MADAN SAH MOH- TANGAUL, P.S- HAJIPUR TOWN ,DISTT- VAISHALI …. Petitioner. Versus THE STATE OF BIHAR ----------- 3. 30.11.2009. Heard counsel for the petitioner and counsel for the State. Counsel for the petitioner as with regard to direct allegation against the petitioner being an accused for offence under Section 376 I.P.C would urge that the case in whole is false inasmuch as the doctor examining the victim girl has found no trace of rape. In the opinion of this court, direct allegation of the present nature supported by the prosecutrix herself and a medical report prepared after three days of occurrence on the plea that she was alone in the house and the matter was reported to the police after return of the parents would put the comparative importance of medical evidence into insignificance and this court cannot altogether ignore the ocular version of 2 the victim girl. Learned counsel for the petitioner has not been able to point out any special reasons for false implication of the petitioner. It is submitted that charge-sheet has already been submitted after full investigation of the police and the petitioner is in custody since 30.3.2009. Considering the aforementioned aspects, this court is not inclined to grant bail to the petitioner. However, the court below is directed to expedite the trial of the petitioner and conclude it preferably within a period of one year from the date of receipt/production of a copy of this order. If the trial of the petitioner for the laches solely attributable to the prosecution is not concluded in the aforementioned period, the petitioner will have liberty to initially move the trial court for bail and the trial court will be under obligation to record reasons for not 3 concluding the trial. Only thereafter, the petitioner may move this court for bail. With the aforementioned observations and directions, this application is dismissed. kanchan (Mihir Kumar Jha, J.)