IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.376 of 2011 LADDU RAM @ MANISH KUMAR …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY For the petitioner :Mr. Arun Kumar Arun & :Mr.Siya Ram Pandey For the State :Mr. V.S.Modi, APP ----------- 03. 16.05.2011 Petitioner is a declared juvenile in conflict with law. He is facing charge punishable under section 376 IPC. The prayer is for his release from jail custody. According to the FIR, on an alarm raised by the victim, aged about 8-9 years, the grand mother rushed to the mustard field only to find that she was being raped by the petitioner in the filed. The victim was recovered in bleeding condition. The petitioner was also captivated. Counsel for the petitioner submits that petitioner is in remand home since 19.12.2009. It is further submitted that the father is ready and willing to look after the welfare of the petitioner if released on bail. Status report was called from the J.J. Board. It appears that charges have already been framed and the matter is pending examination of prosecution witnesses. The appellate court found the petitioner guilty of heinous crime and rejected his prayer holding that the same would defeat the ends of justice as there is possibility of the petitioner being exposed to moral and psychological danger. 2 Having considered the submissions and after going through the materials on record including the FIR, this Court agrees with the view taken by the appellate court. The prayer of the petitioner is rejected. However, considering the fact that he is in custody since 19.12.2009 and that charges have already been framed, this Court grants liberty to the petitioner to renew his prayer for bail if within seven months from the date of receipt/production of a copy of this order in the court below all prosecution witnesses are not examined at the trial. In case petitioner renews prayer for bail in the light of the present observation, the same shall be considered and disposed of on its own merit uninfluenced by the present order. hr ( Kishore K. Mandal )