IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1165 of 2010 SHAILENDRA KUMAR son of Shiv Shankar Sharma, resident of village kofira Hata P.S. Mirganj, Gopalganj …Petitioner Versus STATE OF BIHAR … Opposite party ----------- 02. 05.08.2010 Heard counsel for the parties. Present is an application filed under section 53 of the Juvenile Justice Care and Protection of Children Act,2000 (for short the „Act‟) calling in question the original order as well as the appellate order passed in Cr.Appeal No.26/2010. Prayer for bail made on his behalf has been considered and rejected by two courts below. Petitioner is the accused of the case instituted under section 376 IPC. He made a claim for his declaration as juvenile which was considered and allowed by order dated 18.05.2010. He was found aged about 13 years and six months. Allegation against the petitioner is that that he committed rape on a six-year-old girl who was residing in the neighbourhood. The appeal of the petitioner was considered and rejected observing as under in paragraph 7 of the order: “The probation report was called for and Probation Officer has mentioned in his report that financial condition of the family of delinquent is not good. In the matter of social status, it is mentioned that villagers have stated the accused is of a questionable character and that previously also, he had done bad work. His friends are not of good nature and his social condition is not good. That the appellant is not having good company and that he may not be provided the benefit of JJ.Act.” - 2 - Having heard both sides, this Court is not inclined to take a different view. Accordingly, prayer for bail of the petitioner is refused. If the examination of prosecution witnesses is not completed within eight months from the date of receipt of the order, the petitioner shall have liberty to renew his prayer for bail. hr ( Kishore K. Mandal )