Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.325 of 2012 ====================================================== Rahul Sada @ Rahul Kumar, son of Shambhu Sada @ Shambhu Rishideo under the natural guardianship of his father, Resident Of Village- Tindhara, P.S. Sonbarsa, Raj (Kashnagar O.P.), District- Saharsa. .... .... Petitioner/s Versus The State Of Bihar . .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 19-03-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by the Juvenile Justice Board, Saharsa in G.R. Case No. 1146 of 2011 on 10.01.2012. The appeal was also dismissed on 08.02.2012 by the Sessions Judge, Saharsa in Cr. Appeal No. 4 of 2012. The petitioner is an accused in Sonbarsa Raj (Kashnagar O.P.) P.S. Case No. 122 of 2011 registered for offence under Sections 366 (A) / 34 of the Indian Penal Code. After investigation, chargesheet has been submitted for offence under [STATUTE] . Patna High Court CR. REV. No.325 of 2012 (2) dt.19-03-2012 2 Learned counsel for the petitioner submits that though there is allegation of rape against the petitioner but from the medical examination done within 3 days of the alleged incident, there is no sign of any physical injury to prove the rape and the Doctor has only opined that rape cannot be ruled out, but at the same time in the medical examination, there is no confirmatory evidence of rape. The age of the victim is also assessed as 14 to 15 years. Learned counsel for the petitioner submits that the medical examination being in close proximity to the alleged date of occurrence, clearly establishes that the allegation in the F.I.R. is concocted. The girl came back to the house the very next day but there is no explanation as to how she became free, if at all she was kidnapped. Learned counsel states that the age of the petitioner has been assessed to be 16 years and 8 months on the date of occurrence. It is further submitted that the petitioner has clean antecedent and there may have been some sort of love relationship between the parties and thus, if at all anything happened, it was with consent. The petitioner is in custody since 16.07.2011 and does not have any criminal antecedent as has been stated in Paragraph-18 of the application. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Patna High Court CR. REV. No.325 of 2012 (2) dt.19-03-2012 3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saharsa in G.R. Case No. 1146 of 2011 pertaining to Sonbarsa Raj (Kashnagar O.P.) P.S. Case No. 122 of 2011. One of the bailors shall be father of the petitioner. Both the petitioner as well as father shall also execute a bond of good behaviour before the court concerned. The petitioner shall physically present himself before the Probation Officer, Saharsa at least once a month and also as and when directed by him. The Probation Officer, Saharsa shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. Let the order be communicated to the court below through fax upon deposition of the requisite fee on behalf of the petitioner. Anjani/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.