IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.210 of 2010 MD. MITHU @ ASHARAF HUSSAIN Versus STATE OF BIHAR ----------- 3 5.4.2010 This revision application has been filed against the order dated 22.12.2009 passed in Criminal Appeal No. 130/2009 by Sri P.K.Jha, Sessions Judge, Muzaffarpur by which he dismissed the appeal and confirmed the order dated 6.11.2009 passed in Sahebganj P.S. Case No. 50/08 by Juvenile Justice Board, Muzaffarpur, whereby prayer for bail of the petitioner has been rejected. The victim as well as accused persons are all school going students. This petitioner is alleged accompanying co- accused Sonu Ansari in kidnapping of the victim girl to Raxaul where she was kept in Hotel and committed rape. Statement under section 164 Cr.P.C. of the victim and recorded by the Police, he is exonerated from the liability of committing rape but he remained in the same room of the hotel. The submission of learned counsel for the petitioner is that there is no 2 criminal antecedent against any of the accused persons and victim girl was left just in the morning of the commission of sexual intercourse. So none of the three ingredients which can be made basis for refusal of petitioner’s bail including chance of mixing of petitioner with any known criminal or his exposure to moral, physical and psychological danger or release would defeat the ends of justice is justified after going through the allegation made against accused persons that accused no.3 asked the victim to come to school from where she was taken to Raxaul and left in a train at Motihari. The revision application is allowed. The impugned orders passed by both the courts below are set aside. let the above named petitioner be released 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, Muzaffarpur in Sahebganj P.S. Case No. 50/08. 3 It is made clear that one of the bailers shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)