Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.327 of 2012 ====================================================== Md. Anwar @ Anwar S/O Md. Sanaullah Resident Of Village- Mukarri Kamalpur, Police Station- Kadwa (Balia Belon), District- Katihar. Md. Sanaullah father of the petitioner under the natural guardianship. .... .... 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. The present 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, Katihar in G.R. No. 2571 of 2011 by order dated 04.01.2012. The appeal was also dismissed by the Sessions Judge, Katihar by order dated 20.01.2012 in Cr. Appeal No. 04 of 2012. The petitioner is an accused in Kadwa (Balia Belon) P.S. Case No. 166 of 2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the said Patna High Court CR. REV. No.327 of 2012 (2) dt.19-03-2012 2 case was lodged pursuant to direction of the court upon filing of a complaint case by the alleged victim on 16.08.2011. It is further submitted that the incident alleged is of 30.07.2011 and thus there is delay of 17 days in filing of the complaint. It is further submitted that the so called victim is an adult whereas the age of the petitioner is 15 years and the incident is alleged to have taken place at 12:00 noon which is quite unbelievable. Learned counsel has drawn the attention of this court to the fact that earlier, on 04.08.2011, a complaint was filed by the father of the petitioner against the alleged victim (complainant) as well as her family members, alleging that the petitioner was kidnapped by them with a view to get him married to so called victim of the present case. It is also submitted that the petitioner had also filed a petition before the Chief Judicial Magistrate, Katihar alleging that the victim and her family members were threatening him with dire consequences. The petitioner is in custody since 28.11.2011. Considering the facts and circumstances of the case, let the 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, Katihar in connection with Kadwa (Balia Belon) P.S. Case No. 166 of 2011 corresponding to G.R. No. 2571 of 2011. Patna High Court CR. REV. No.327 of 2012 (2) dt.19-03-2012 3 One of the bailors should 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, Katihar at least once a month and also as and when directed by him. The Probation Officer, Katihar shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. This order may 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.