Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.853 of 2012 ====================================================== Md. Shahnawaj Hussain @ Shahnawaz Hussain S/O Md. Shahidur Rahman, resident of Village- Haji Tola, Bhowardah, Police Station Bahadurganj, District- Kishanganj through under guardianship of his Father Namely Md. Shahidur Rahman .... .... Petitioner/s Versus The State of Bihar .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate Mr. Diwakar Sinha, Advocate. For the State of Bihar : Mr. Matoob Rab, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 31-08-2012 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner has approached this Court under Section 53 of the Juvenile Justice (Care and Protection of Chindren) Act, 2000 ( for short ‘the Act’), questioning the correctness, legality and propriety of order dated 25.5.2012 passed by the learned Juvenile Justice Board, Kishanganj, in G.R. Case No. 260 of 2012, corresponding to Bahadurganj P.S.Case No. 44 of 2012 dated 11.3.2012, registered under Sections Patna High Court CR. REV. No.853 of 2012 (2) dt.31-08-2012 2 / 3 2 376,302,379,201 and 120B of the Indian Penal Code, whereby his prayer for bail has been rejected. The petitioner has also challenged the correctness and legality of judgment and order dated 10..7.2012 passed in Criminal Appeal No. 41 of 2012 by the learned Ad hoc Additional Sessions Judge No.5, Purnia, whereby the appeal filed by the petitioner has been dismissed and the order dated 25.5.2012 passed by the learned Juvenile Justice Board, Kishanganj, rejecting the prayer for bail of the petitioner has been affirmed. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been declared to be Juvenile by an order dated 23.5.2012 passed by the learned Juvenile Justice Board, Kishanganj and he, being not the sole accused in the crime in question, is entitled to be enlarged on bail under the mandate of Section 12 of the Act. It is contended that the petitioner is under detention since 12.3.2012. Learned Additional Public Prosecutor, appearing on behalf of the State, has strongly opposed the prayer made in this application and has supported the impugned orders passed by the learned courts below. It is submitted that in the given nature of the case, if the petitioner is enlarged on bail, then his release would defeat the ends of justice. After having heard learned counsel appearing on behalf of the parties, this Court finds that the petitioner, besides others, is not only alleged to have committed rape but he is also alleged to have committed murder of the victim. He is facing criminal prosecution under [STATUTE] . After going through the materials available on record, this Court is of the considered Patna High Court CR. REV. No.853 of 2012 (2) dt.31-08-2012 3 / 3 3 opinion that release of the petitioner on bail would defeat the ends of justice. Therefore, he is not entitled to have the benefit of Section 12 of the Act. In the result, this application fails and is, accordingly, dismissed. However, the learned Juvenile Justice Board, Kishanganj, is directed to expedite the inquiry against the petitioner under the provisions of the Act. 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.