IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.244 of 2011 BHOLA SAO @ BHOLA KUMAR SAO Versus THE STATE OF BIHAR ----------- 04. 25.04.2011 Heard both sides. Petitioner who is a juvenile in conflict with law is facing charge punishable under sections 366A and 376 IPC. As per the allegation in the FIR, he is said to have eloped with the minor daughter of the informant. Learned counsel for the petitioner submits that going by materials on record including the statement of the girl recorded under section 164 Cr. P.C., it appears that both of them were involved in love affairs and abduction was not forcible. It is contended that he is in custody since 17.06.2010. The elder brother of the petitioner has taken upon himself the entire responsibility respecting the petitioner in case he is released on bail. It is submitted that considering the scope of section 12 of the Juvenile Justice (Care & Protection of Children) Act, he may be released on bail. A report from the concerned Probation Officer was Called for wherefrom it appeared that petitioner was accused in another case. A supplementary affidavit has been filed on behalf of the petitioner wherein it is stated that apart from the present case, petitioner is facing a proceeding under section 107 of the Code of Criminal Procedure, vide case no. 4M/2000. 2 Having heard the parties and on going through materials on record including the report of the Probation Officer, this Court is persuaded to release the petitioner on bail. This Court, therefore, sets aside the impugned order(s) and directs release of the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Arbind Azad, Juvenile Court, Jehanabad in connection with G.R.No.1221/2010(Tr.No.374(J)/2010 on conditions that one of the bailors shall be full brother of the petitioner. It will be the duty of the said bailor to produce the petitioner before the court as and when required. In case of default, the trial court shall be at liberty to cancel his bail bonds. During the subsistency of bail if it is found that the petitioner involved himself in any criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )