IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2709 of 2011 RAJENDRA MANDAL Versus THE STATE OF BIHAR ----------- 2 10.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. There is specific allegation of rape against the petitioner but learned counsel for the petitioner seeks his bail on the ground that in medical examination, no sign of rape has been found on the person of the victim. I am not in agreement with the above-said submission because it is well settled principle of law that the statement of victim shall prevail over the medical evidence if the said statement inspires confidence to the court. Moreover, it is not a proper stage to deal with the medical evidence. Accordingly, prayer for bail of the petitioner in connection with S.Tr. No. 1258 of 2010 arising out of Rupauli/Tikapatti (Simra) P.S. Case No. 65 of 2003 stands rejected. However, learned Addl. Sessions Judge (F.T.C. No.-I), Purnea is directed to conclude the trial of the petitioner within nine months from the date of receipt of the order. If the trial is not concluded within the above-said period, the petitioner may renew his prayer for bail. AKV/- (Hemant Kumar Srivastava,J.)