IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1395 of 2009 PINTU PARIHAR @ PINTU KUMAR, S/o Kalu Parihar, R/o Vill. Purana Dherwa, P.S. Dandkhora, Dist. Katihar. Versus THE STATE OF BIHAR ------ 2/ 27.08.2009 Heard both the parties. Submission of the learned counsel for the petitioner is that though petitioner has been made accused in a case of committing rape upon a minor girl of 6 years but he remained in custody since 29.01.2007 for approximately two years and eight months, while the maximum sentence which can be awarded by the Juvenile Justice Board is three years. The prayer of the petitioner is earlier refused by the learned Sessions Judge in Criminal Appeal as back as on 7.03.2007 in which there was no occasion to take his custody into consideration at all. Hence, he is directed to approach the Juvenile Justice Board for bail on the ground of his custody, which should positively be considered in his favour. With the above observation, the revision application is dismissed at the stage of admission. However, it is made clear that direction is to be followed without being prejudiced by the present order. Let the order be communicated through F.A.X. at the cost of the petitioner in connection with Dandkhora P.S. Case No. 06 of 2007 (G.R. Case No. 146 of 2007). shail (Mandhata Singh, J.)