IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1131 of 2010 MD. ZAMALUDDIN Versus STATE OF BIHAR ----------- 07. 26.10.2010 Heard counsel for the parties. Petitioner has been declared juvenile. He is accused of an offence punishable under section 376 IPC. He seems to be in custody/remand home since 04.08.2008. His earlier prayer for bail was refused by this Court by order dated 30.06.2009 (Annexure-1). Considering the statement made by his father in the application as also the period of custody, this Court granted liberty to the petitioner in the following terms: However, having regard to the fact that he is in custody since 04.08.2008 and that the father of the petitioner, who has affirmed the affidavit, has made a statement as noted above, this court, grants liberty to the petitioner to renew prayer for bail in the court below itself after nine months, if the trial, in the meanwhile, does not conclude. In the event, the petitioner makes an application in terms of the liberty so granted to him by this court, the same shall be considered on its own merit uninfluenced by the present order. Learned counsel for the petitioner submits that till today the trial is at nascent stage. He has produced certified copy of the order-sheet of the court of J.J. Board and submits that on 24.09.2010 only the police papers have been made over to the accused and thereafter charges have been framed. The certified copy produced by the petitioner is taken on record and is marked ‘X’. Learned counsel for the State, on he other hand, 2 submits that petitioner is facing serious charge and, as such, he does not deserve bail. I have considered the submissions made on behalf of the parties. The father has taken upon himself complete responsibility of the petitioner in case he is released on bail. This fact shall also be evident from order dated 30.06.2009 (Annexure-1). Petitioner seems to be in custody/remand home for more than two years by now. In the facts and circumstances of the case, petitioner abovenamed is directed to 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 learned J.J. Board, Supaul in connection with Birpur P.S. Case No.153/07 (G.R.Case No.470/07) subject to the conditions that one of the bailors shall be father of the petitioner. It will be the duty of the father to keep a vigil over the activities of the petitioner and to produce him before the court concerned on the date fixed at the trial. In case of default in such personal appearance of the petitioner, the trial court shall cancel his bail bonds. If during subsistence of the present order it is found that petitioner involves himself in any other criminal offence, the same shall be considered as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )