IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1800 of 2009 RAJU MIAN @ ABDULLAH ANSARI Versus STATE OF BIHAR ----------- 2/ 19-11-2009 Heard learned counsel for the petitioner. This revision is directed against the lower court order for setting aside the order dated 27.10.2009 passed in Criminal Appeal Bail Petition No. 83 of 2009 ( arising out of J.J.B. Trial No. 415 of 2009, Chautarwa P.S. Case No. 119 of 2000), by learned Sessions Judge, West Champaran, Bettiah, by which order the learned Sessions Judge dismissed the appeal of the petitioner. It is a case in which allegation is levelled upon this petitioner about committing rape upon a five year victim. On the merit of the case it is said that in course of investigation no material could be collected by the Investigating authority, including the report of Medical Board to conclude that the case was for commission of rape. Neither any sign of rape was found nor any external or internal injury was found nor was spermatozoa found in swab. It may be a case under section 376/511 of the Indian Penal Code. Mainly stress is made on section 12 which provides some privilege to Juvenile. After going through the observation made by both the courts I fail to understand that it was an accident only that this petitioner met the victim and overt acted, either constitutes an offence under section 376 or 376/511 of the Penal Code but where any question arises about a chance of association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. So I find, the - 2 - conclusion by both the courts, not liable to sustain. Accordingly, this revision application is allowed and orders of both the courts below passed in J.J.B. Tr. No. 415 of 2009 and Criminal Appeal Bail Petition No. 83 of 2009 are set aside. 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 Court of Juvenile Justice at Bettia ( West Champaran) in connection with Juvenile Justice Board Trial No. 415 of 2009 , arising out of Chautarwa P.S. Case No. 119 of 2000), It is made clear that one of the bailers shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce him whenever is required by the Juvenile Justice Board. ( Mandhata Singh, J ) BTiwary/