IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.47 of 2010 DEOSHEEL @ SUNNY THAKUR @ SUNNY, S/o Ravindra Thakur, R/o Moh.- Soda Godam, Laxmi Chowk, P.S. Brahampur, Dist. Muzaffarpur. Versus THE STATE OF BIHAR ------ 3/ 04.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. The case is for the offence under Section 396 of the I.P.C. Bail is sought on the point of merit as well as being the petitioner juvenile having privilege under Section 12 of Juvenile Justice (Care & Protection of Children) Act. On the point of merit, it is submitted that F.I.R. is against unknown and petitioner’s name appeared in the case basing the statement of three witnesses though examined under Section 161 Cr. P.C. but two of them are not arrayed as witness in the charge- sheet and third one is husband of the deceased, who has cast suspicion only. Neither witness in paragraph-47 states about remaining present of petitioner, nor the house of the deceased may be said place of occurrence. Once, statement under Section 161 Cr. P.C. is recorded that witness may be requested to be examined at the trial. So, I find no sufficiency in submission of the petitioner on the point of merit. As on the point of petitioner being juvenile and privilege under Section 12 of Juvenile Justice (Care and Protection of Children) Act, chance of petitioner’s mixing with criminals is observed. There is corroboration of the same also in paragraph-14 of the case diary that he was in association with criminals. It may be 2 taken as similar to presumption that participant of Dacoity cases have every chance of mixing with known criminals also not favouring the petitioner even after taking into consideration his appearance in plus two examination. A relief may be sought from the Juvenile Justice Board on that ground at the appropriate occasion, which shall be taken into consideration without bring prejudiced by the present order but I find no illegality committed by the Board or by the Appellate Court. Accordingly, with the above observation, the revision application is dismissed. shail (Mandhata Singh, J.)