IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1642 of 2010 DEEPAK KUMAR THAKUR @ DEEPAK KUMAR Versus STATE OF BIHAR ----------- 03 04.01.2011 Heard both sides. Petitioner has been declared juvenile in conflict with law. He is facing charge punishable under Section 376 of the Penal Code. As per allegation contained in the F.I.R., petitioner is said to have committed rape on a girl who was mentally unsound. Learned counsel for the petitioner submits that the informant (brother of the victim) as well as the father of the petitioner are own ‘gotiya’. It is submitted that owning to land dispute the present allegations have been levelled which have not found support from the medical report. Referring to annexure-2 (report of the Probation Officer), Begusarai, it is contended that there is no previous criminal antecedent against the petitioner. It appears from the said report that victim has already died a natural death. The Probation Officer has also noted in his report that the parties are in serious litigating terms and filing of false case cannot be completely ruled out. Learned counsel for the petitioner submits that the father of the petitioner, who has affirmed the present application, shall monitor the petitioner in case he is released on bail. It is next contended that he is in custody/remand home since 02.07.2010. 2 In the facts and circumstances of the case, this Court directs release of the petitioner 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 learned Juvenile Justice Board, Begusarai in connection with Muffassil P.S. case no. 325 of 2006 subject to the following conditions:- (i) One of the bailors shall be the father of the petitioner. (ii) It shall be the duty of the father to monitor the petitioner and to produce him before the trial Court as and when required. In case of default in such production before the trial Court on two consecutive dates, trial Court shall cancel the bail bond of the petitioner and ensure his arrest in accordance with law. (iii) During subsistency of the present order, if the petitioner is found involved in any other criminal case, the same shall be treated as breach of the condition of bail entailing cancellation. Sym ( Kishore K. Mandal, J.)