IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1099 of 2009 CHHOTU KUMAR SINGH @ CHHOTU SINGH Versus STATE OF BIHAR ----------- For the petitioner: Mr. Ajit Kumar Singh,Advocate. For the State: Mrs. Indu Bala Pandey ,A.P.P. 2 14.07.2009 Heard both sides. Petitioner is an accused of having committed rape on a three years old girl. He is aggrieved by the order passed by the courts below refusing to release him on bail on the ground that he has already been declared juvenile. Learned appellate court while rejecting the prayer observed in paragraph no.5 as under: “ Having considered the entire matter I find that it is case of heinous offence wherein the appellant has committed rape with a girl aged about three years only, this shows the mental perversion of the appellant. I also find that there is every possibility of appellant to go in the company of criminals or he may be exposed to moral, physical and psychological danger or his release would defeat the ends of justice.” After hearing learned counsel for the petitioner and after going through the materials on record, this court finds difficult to take a different view which has been taken by the courts below in the facts and circumstances of the case. Learned counsel for the petitioner submits that the petitioner is in custody since 16.02.2008. The father of the petitioner is prepared to file affidavit that he shall take full care and responsibility of his son if he is released on bail. Having regard to that aspect of the matter, this court 2 grants liberty to the petitioner to renew prayer for bail in the court below if the trial of the case is not concluded by examining all the prosecution witnesses within eight months from the date of receipt/communication of this order in the court below. In the event if such an application for bail is filed it is expected that the trial court shall dispose of the same having regard to the provision of law uninfluenced by the present order. With this observation the application is disposed of. Sym/ (Kishore K. Mandal, J.)