Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1446 of 2011 Jitesh Sahni @ Jitesh Kumar Sahni , minor son of Rajesh Sahni, resident of village Mansahi, Kewala P.S. Mansahi District Katihar through his father and natural guardian Rajesh Sahni S/O Late RamLakhan Sahni, resident of village Mansahi, Kewala, P.S. Mansahi, District- Katihar. ……. Petitioner Versus The State Of Bihar …… Opposite party. ---------------------------------- 3 10.01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present application has been filed for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner is an accused in Mansahi P.S. Case No.25/11 under [STATUTE] and 3(1) (xi) (xii) of SC and ST (Prevention of Atrocitites) Act. Earlier the prayer for bail had been rejected by Juvenile Justice Board, Katihar by order dated 14.10.2011 and Cr. Appeal No. 53 of 2011 was also dismissed by order dated 29.10.2011 by the Sessions Judge, Katihar. Learned counsel for the petitioner submits that the petitioner has been declared as Juvenile and the allegation is not believable for the reason that on the one hand it is alleged that the petitioner had committed offence but on the other 2 hand it has also been stated that the petitioner put ‘Sindur’ on the head of the victim girl and took her to Ambala and then to his house but his family did not accept her and always abused and assaulted her and for which they had also been made accused. The case diary has been called for in the present and the same has since been received. From the same it transpires that there is no adverse remark with regard to criminal antecedent of the petitioner and other co-accused have been granted anticipatory bail. Learned counsel for the petitioner submits that in this back ground the petitioner may be granted bail under the Juvenile Justice (Care and Protection of Children) Act, 2000. He further submits that the petitioner himself surrendered before the Court below and has been sent to Remand Home on 08.08.2011. Considering the facts and circumstances of the case let the petitioner be released on bail upon furnishing bail bond of Rs. 5000/- with two sureties of like amount each to the satisfaction of the Principal Judge, Juvenile Justice Board, Katihar. One of the bailors must be the close relative of the petitioner, who is not an accused of this case. The petitioner as well as the bailor should execute a bond before the Court 3 concerned with regard to good behavior of the petitioner. The petitioners shall present himself physically before the Probation Officer, Katihar at least once a month and also as and when directed by the Probation Officer, Katihar who shall keep under strict supervision over the petitioner. This application stands disposed off. Sudha (Ahsanuddin Amanullah, 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.