IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.713 of 2011 Abu Saleh @ Sadden @ Soddeh Versus The State Of Bihar ---------------------------------- 3 05.09.2011 Accused petitioner has preferred this revision application under section 53 of the Juvenile Justice (Care & Protection of Children) Act 2000 against the order dated 19.4.2011 passed by the learned Sessions Judge, Saharsa in Criminal Appeal No. 01 of 2011(s) by which the appeal has been dismissed and the order dated 24.12.2010 passed by the Juvenile Justice Board, Supaul in Birpur P.S. Case No. 86 of 2010 under section 376 of the Indian penal Code has been confirmed. Learned counsel for the petitioner has submitted that petitioner was declared a juvenile by the Juvenile Justice Board. Thereafter, he filed a petition for grant of bail before the learned Juvenile Justice Board which was rejected. Thereafter the petitioner filed a Criminal Appeal No. 1 of 2011(s) which was also dismissed on the ground that there is evidence against the petitioner of committing rape and secondly the release of the petitioner is likely to bring him into association of any known criminal or expose him to moral physical or psychological danger or that his release would defeat the ends of justice. But there is no material on the record to infer such opinion by the learned appellate court. He has further submitted that report was called for from the Probation Officer which has been received vide letter No. 44 dated 20.7.2011. From the perusal of the report it also appears that the petitioner has no criminal antecedent and 2 there is no such material that if the petitioner is released, he will get association of any known criminal or expose him to moral physical or psychological danger or that his release would defeat the ends of justice. Learned counsel for the State could not controvert the submission while opposing the prayer of the petitioner. After hearing the learned counsel of both the parties and on perusal of the materials available on record it appears that there is no material on the record to show that there is reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral physical or psychological danger or that his release would defeat the ends of justice. It further appears from the report of the Probation Officer that he has also recommended for the release of the petitioner and his father will take care of the petitioner. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be sustained and it is accordingly set aside. The petitioner Abu Saleh @ Sadden @ Soddeh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board Supaul in Birpur P.S. Case No. 86 of 2010 corresponding to G.R. Case No. 262 of 2010 on the condition that the father of the petitioner will be one of the bailors and he will produce the petitioner as and when required before the Juvenile Justice Board. The petitioner will not indulge himself in any criminal offence, and if he falls in 3 the criminal offence his bail bond would be liable to be cancelled by the learned Juvenile Justice Board and he will be taken into custody. This petition is allowed. M.Rahman (Amaresh Kumar Lal, J)