IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.388 of 2009 NAWAL KISHORE DAS Versus THE STATE OF BIHAR For the Petitioner:- Mr. Vijay Kumar Singh, Advocate For the Opposite Party:- Mrs. Indu Bala Pandey, A.P.P. ----------- 06 10.7.2009 Heard learned counsel for the petitioner and learned counsel for the Opposite Party. Petitioner is aggrieved by the order dated 31.5.2008 passed by the 9th Additional Sessions Judge, Muzaffarpur in Criminal Appeal No. 43 of 2008, whereby the appeal preferred by the petitioner under Section 52 of the Juvenile Justice Act has been rejected. In other words, the Appellate Court confirmed the order dated 18.4.2008 passed by the learned Principal Magistrate, refusing prayer for release of the petitioner on bail. Petitioner is facing charge punishable under Section 376 of the Indian Penal Code. He is in fact, sole accused named in the F.I.R. with an allegation, that when the minor daughter of the informant was in the Orchard, he overpowered her and forcibly committed rape on her. He was seen escaping from the place of occurrence and the victim was found in an unconscious condition. Learned counsel submits that earlier the petitioner had moved this Court putting in issue the 2 present impugned order which was considered and rejected by this Court under order dated 31.7.2008 (Annexure-1). It is submitted that the petitioner is in custody since 24.10.2007. To a question, learned counsel for the petitioner submits that there is absolutely no progress in the trial of the present petitioner after 31.7.2008. A supplementary affidavit duly affirmed by the father of the petitioner has been filed today. In paragraphs 4 and 5 thereof the following averments have been made. “4. That, it is stated that the father of the petitioner i.e. deponent is ready to undertake all the responsibility of the petitioner as fixed by this Hon’ble Court in the events of the release of the petitioner on bail by this Hon’ble Court. 5. That, it is stated that the deponent further undertakes that the petitioner will never go into the associates of the criminals in future and he will always keep vigilant on the activity of the petitioner since the petitioner is his only son.” It is submitted on behalf of the petitioner that the petitioner having been declared juvenile cannot be punished for the maximum period provided under the provisions of the Act. Learned counsel submits that the father of the petitioner is present in Court and on his instruction he is able to submit before the Court that the father shall affirm and file affidavit in the light of 3 fact stated in the supplementary affidavit. He is also prepared to make statement in the affidavit that in the event it is found that the son is not mending his ways he will himself approach the Court in seisin of the matter seeking cancellation of bail where-after the Court shall be at liberty to pass appropriate orders. Learned A.P.P. appearing on behalf of the State submits no fresh material has been brought to the notice of this Court and as such the application should be dismissed. Having regard to the period of incarceration already gone by the petitioner and the submissions noted hereinabove, this Court, while declining his prayer for grant of bail, disposes of the present application in the following manner:- (1) Let the trial court make all endeavor to conclude the trial of the petitioner by examining all the prosecution witnesses within five (05) months from the date of receipt/communication of the present order in the court below, failing which the trial court shall release him on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the 4 like amount each to the satisfaction of Juvenile Justice Board, Muzaffarpur in connection with Sakara P.S. Case No. 243 of 2007, Trial No. 1134 of 2008. In the event the petitioner is granted bail in terms of the present order, the same shall be subject to the following conditions: (a) One of the bailors shall be the father of the petitioner. (b) The father of the petitioner (deponent) of the present application) shall file an affidavit in terms of the statements made by him before this Court and taken note of hereinbefore along with the bail bonds. The revision application stands disposed of. P.K. (K.K. Mandal, J.)