IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.573 of 2009 RAKESH KUMAR S/O RAMASISH PRASAD, R/O VILLAGE- PIRAUNA, P.S.- HASANPUR, DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ----------- 2 13/04/2009 Heard learned counsel for the petitioner and learned counsel representing the State. This petitioner has come here for setting aside the order dated 20.1.2009 passed by the Sessions Judge, Samastipur in Cr. Appeal No. 114 of 2008 whereby he has dismissed the appeal and affirmed the order dated 19.11.2008 passed by the Juvenile Justice Board, Samastipur in Juvenile Case No. 249 of 2008 by which the prayer for bail of the petitioner was refused though he was hold to be a juvenile. Submission is that earlier the petitioner has come before this court under section 439 of the Cr.P.C. and took plea that he is juvenile and ultimately the application was withdrawn for agitating the matter before the proper forum. The petitioner filed a petition before the Juvenile Justice Board and produced a number of papers and evidences in his favour. The inquiry was conducted in terms of the Juvenile Justice (Care & Protection of Children) Act 2000 and after inquiry the Board opined that the petitioner was juvenile on the date and time of occurrence. Though the petitioner was hold to be juvenile but prayer for bail has been refused by the Board. 2 Thereafter the petitioner preferred an appeal and the appeal was also dismissed considering the allegation against the petitioner is of rape of minor girl aged about six years. Learned counsel for the petitioner submits that a juvenile is entitled to be released on bail and the bail can only be refused if the court comes to the opinion that the release of the petitioner will effect the ends of justice or after his release the juvenile may fall in the company of known criminals of the society. None of the circumstances were brought on the record so prayer is that the petitioner ought to have been released by the Juvenile Justice Board. The petitioner is in custody since 9.11.2006 and he has almost undergone his sentence which can be passed by the Juvenile Justice Board. The petitioner was held to be juvenile then his bail should be disposed of in terms of the mandate of Juvenile Justice (Care & Protection of Children) Act 2000. Prayer for bail cannot be refused in normal circumstances as there is nothing on the record from which any inference can be drawn that after release the petitioner will come in the company of known criminals of the society. Accordingly, the orders of the court below are set aside and the petitioner Rakesh Kumar is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Samastipur in connection with P.R. 3 No. 249 of 2008 arising out of Hasanpur P.S. Case No. 165 of 2006 on condition that one of the bailors shall be his father who will give an undertaking on affidavit before the court below that he will see that the petitioner is not allowed to mix up with the known criminals of the locality and also his release will not defeat the ends of justice. avin (Shyam Kishore Sharma, J.)