IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1738 of 2009 MD. KALAM SON OF ABDUL HAKIM, RESIDENT OF VILLAGE MADHUBAN, P.S. MADHUBAN, DISTRICT EAST CHAMPARAN UNDER THE GUARDIANSHIP OF HIS FATHER ABDUL KARIM. ----- PETITIONER. Versus STATE OF BIHAR . ------ 2/ 09-11-2009 Heard learned counsel for the petitioner. Petitioner along with one Durga Kumar sah has been alleged for committing rape upon the daughter of the informant, beauty Kumari, below 12 years but the submission of the learned counsel for the petitioner is that the petitioner remained in custody for that since 24.10.2008 and the informant and victim both were examined there but none claims to identify him ( Petitioner ) . So at any corner petitioner’s custody cannot be justified. I agree with the submission. Accordingly, this application is allowed and the order dated 16.07.2009 passed in Tr. No. 1 of 2009 by Juvenile Justice Board, Motihari, East Champaran as well as the judgment dated 20.08.2009 passed by learned District & Sessions Judge, East Champaran, Motihari in Cr. Appeal No. 47 of 2009 is set-aside. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Motihari, East Champaran in connection with Tr. No.1 of 2009, arising out of Madhuban P.S. Case No.122 of 2008. It is made clear that one of the bailors shall be father of the petitioner who shall undertake to keep the petitioner under his 2 observation and shall produce him whenever is required by the Juvenile justice Board. BTiwary/ ( Mandhata Singh, J )