IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36041 of 2009 1. NAUSAR ALAM S/O LATE MD. YOUNUS VILL.- PALASMANI, P.S.- BAHADURGANJ, DISTT.- KISHANGANJ. ------------ Petitioner Versus 1. THE STATE OF BIHAR --------- Opp. Party ----------- 2 30.10.2009 Heard counsel for the petitioner and counsel for the State. In view of the direct allegation against the petitioner of committing rape and the petitioner happily absconding for a period of four years, this Court is not inclined to grant bail to the petitioner specially when the trial of the petitioner is under way. Learned counsel for the petitioner has placed great reliance on the deposition of the mother of the victim girl to impress this Court that since she has herself backed out from supporting the allegation of the prosecutrix as with regard to rape, this Court must infer that the whole allegation brought forward by the prosecutrix is false. This Court would not like to make any comment on such submission during pendency of the trial as that may vitally prejudice the petitioner but then whatever has been said by the mother who has been declared as a hostile 2 witness by the prosecution, also does not completely takeaway the factum of the occurrence. That being so, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Nausar Alam is rejected. Since the trial of the petitioner is under way, this Court would direct the trial court to ensure that the same is concluded within a period of six months from the date of receipt/production of a copy of this order. In the event, the trial of the petitioner would not be concluded within the aforementioned period of six months solely due to the laches on the part of the prosecution, the petitioner will have liberty to move initially the trial court for grant of bail and the trial court would be under obligation to spell out the reasons for not concluding the trial and only thereafter, the petitioner shall have the liberty to move this Court for bail. Let a copy of this order be sent to the court below through FAX if the cost for the same is deposited by the petitioner. Rsh (Mihir Kumar Jha, J.)