IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1534 of 2009 HASNAIN SIDDIQUI S/o Dil Jahan Siddiqui R/o Vill. Kunj, P.S. Bhabhua, Dist. Kaimur (Bhabhua) Versus 1. The STATE OF BIHAR 2. Taramuni Devi ------ 2/ 16.09.2009 No one appears on behalf of the petitioner and on behalf of the State also. It is a case of rape or unnatural offence. Some abrasion is found on the different parts of the body. Age of the victim girl is 5-6 years and the petitioner is below 18 years. Injury Report further suggests about non-presence of spermatozoa either dead or alive and hymen intact, with taking them into consideration even accepting allegation as true that there was commission of rape or unnatural offence then also petitioner remained in custody since 05.09.2008. It is independent act of the petitioner having no association, immaturity may be there but that is more effective than the ill motive or any mens rea. Further, I find absence of exposure of physical, moral or psychological danger or the release defeating the ends of justice. That aspect of the matter has not been considered by the Juvenile Justice Board as well as by the Appellate Court at all. Considering the above discussed facts and circumstances, the revision application is allowed and the order dated 03.12.2008 passed by the learned Sessions Judge, Kaimur at Bhabhua in Cr. (Juvenile) Appeal No. 40 of 2008 is set aside. Above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two 2 sureties of the like amount each to the satisfaction of Sessions Judge, Kaimur at Bhabhua in Cr. (Juvenile) Appeal No. 40 of 2008. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Court. shail (Mandhata Singh, J.)