Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.344 of 2012 ====================================================== Chandan Kumar Yadav @ Chandan Kumar, son of Jaylal Yadav, resident of Vill. Natwar Birbal, P.S. Manjhi, Distt. Saran, represented through his father Jaylal Yadav, son of Kripal Yadav, resident of Vill Natwar Birbal, P.S. Manjhi, Distt. Saran. .... .... 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 23-03-2012 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhayay, learned A.P.P. for the State. This revision 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. Earlier such prayer was rejected by the Juvenile Justice Board, Saran at Chapra on 14.10.2011 in Juvenile Enquiry No. 321 of 2011, J. Tr. No. 604 of 2011. The appeal was also dismissed by the Sessions Judge, Saran at Chapra by order dated 12.12.2011 passed in Cr. Appeal No. 79 of 2011. The petitioner is a named co-accused in Manjhi P.S. Case No. 115 of 2011 registered under Sections 302/34 of the Patna High Court CR. REV. No.344 of 2012 (2) dt.23-03-2012 2 Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been made an accused only on suspicion and for the reason that his sister had earlier lodged a case under [STATUTE] against the deceased and thus the present false implication. It is further submitted that there are no eye witnesses to the occurrence. The date of birth of the petitioner being 12.06.1995, he has been declared to be a juvenile and his age has been assessed as 16 years 2 months on the date of occurrence. Learned counsel submits that the victim being accused under [STATUTE] by the sister of the petitioner, the false implication is quite obvious. It is further submitted that his sister has already been granted bail in the present case in Cr. Misc. No. 5170 of 2012 by a co-ordinate Bench of this Court. A web copy of the order has been produced before the Court which is being kept on record. It is lastly submitted by learned counsel for the petitioner that the petitioner has clean antecedent and has referred to the appellate order where this fact has been stated on the basis of report of the Probation Officer. Learned A.P.P. for the State has only reiterated the allegations in the F.I.R. but does not dispute that the petitioner is a juvenile. Patna High Court CR. REV. No.344 of 2012 (2) dt.23-03-2012 3 Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saran at Chapra in connection with Juvenile Enquiry No. 321 of 2011, J. Tr. No. 604 of 2011 arising out of Manjhi P.S. Case No. 115 of 2011. One of the bailors should be a close relative of the petitioner who is not an accused. Both the petitioner as well as the bailor shall also execute a bond of good behaviour before the court below. The petitioner shall physically present himself before the Probation Officer, Saran at Chapra at least once a month and also as and when directed by him. The Probation Officer, Saran at Chapra 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: 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.