Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.335 of 2012 ====================================================== Vikash Ram, son of Prasadi Ram, resident of Village Mahuganai, P.S. Sono, District Jamui, under the guardianship of his father .... .... Petitioner/s Versus 1. The State of Bihar 2. Mukesh Ram, son of late Peyare Ram, resident of Village Mahuganai, P.S. Sono, District Jamui .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anwar Karim, Advocate For the State of Bihar : Mr. I.K.Srivastava, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 13-08-2012 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Though the petitioner has been declared to be juvenile by an order dated 3.11.2011 passed by the learned Juvenile Justice Board, Jamui in G.R. No. 1101 of 2010, but his prayer for bail has been rejected by an order dated 4.1.2012 passed by the learned Juvenile Justice Board, Jamui as also by an order dated 31.1.2012 passed in Cr. ( Juvenile) Appeal No. 1 of 2012 by the learned Sessions Judge, Jamui, on the ground that the Patna High Court CR. REV. No.335 of 2012 (3) dt.13-08-2012 2 / 3 2 petitioner is alleged to have committed rape upon a minor girl aged about three years. The learned Juvenile Justice Board, Jamui has further recorded a finding of fact that the petitioner had earlier moved for grant of anticipatory bail, which was rejected by an order dated 4.11.2010 passed by a Bench of this Court in Cr. Misc. No.33928 of 2010, but this fact was concealed when the prayer for bail was made on behalf of the petitioner before the learned Juvenile Justice Board, Jamui. Taking into consideration the entire circumstances of the present case, this Court is also of the opinion that release of the petitioner on bail would defeat the ends of justice. Hence, there is no question of interference with the impugned orders passed by the learned courts below rejecting the prayer of bail made on behalf of the petitioner in connection with Sono P.S.Case No. 73 of 2010 dated 23.6.2010, registered under [STATUTE] . However, in view of the fact that the petitioner is under detention since 15.11.2011, the learned Juvenile Justice Board, Jamui, is directed to expedite the inquiry under the provisions of The Juvenile Justice (Care and Protection of Children) Act, 2000. The application stands dismissed with the Patna High Court CR. REV. No.335 of 2012 (3) dt.13-08-2012 3 / 3 3 observation/direction made above. Kanth/- (Birendra Prasad Verma, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.