IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1387 of 2008 SADAM HUSSAIN Versus STATE OF BIHAR ----------- 03 01.07.2009 Heard both sides. Petitioner has approached this court by filing the present revision application questioning the order dated 26.08.2008 passed by learned Additional Sessions Judge, Ist, Bettiah, West Champaran in Cr. Appeal no. 109/2008. Petitioner is facing prosecution punishable under Section 376 of the Penal Code. As per allegation in the F.I.R., the petitioner forcibly committed rape on a girl aged about 08 years. It is contended on behalf of the petitioner that the Medical Board does not support the allegations. It is further submitted that the petitioner has been declared Juvenile by a Competent Court/Board and is incarcerating since 15.06.2007. Learned Trial Court on consideration of the materials including the allegations and the surrounding circumstance, has refused to enlarge the petitioner on bail on the ground that the same shall defeat the ends of justice. The petitioner aggrieved thereby preferred appeal being Cr. Appeal no. 109/2008 which has been dismissed. Learned lower Appellate Court in paragraph no.7 has observed as under: 2 “7.Considering the aforesaid facts and circumstances of this case and the materials available on the case record this court comes to the conclusion that release of the appellant on bail would bring him into association with known criminals or expose him to moral danger and certainly will defeat the ends of justice as the nature of this occurrence is very heinous and no sympathy is required and as such this Criminal Appeal is hereby dismissed.” Considering the facts and circumstances of the case, this Court while agreeing with the view taken by the Courts below rejects the present application. However, having regard to the Provisions of the Juvenile Justice (Care and Protection of Children)Act, 2000 and that the petitioner is in custody since 15.06.2007, this Court grants liberty to the petitioner to renew prayer for bail in the Court below itself after nine months, if in the meanwhile, the trial is not concluded. In the event, the petitioner makes such an application, the same shall be considered by the Court below on its own merit uninfluenced by the present order. Sym/ (Kishore K. Mandal, J.)