IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.458 of 2008 KHWAJA EKRAM @ MD. EKRAM @ MD. KHWAJZA EKRAM Versus STATE OF BIHAR ----------- 2. 07.05.2008 Heard the learned Counsel for the parties. The revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the “Act”) is against the order dated 18.04.08 passed by the Additional Sessions Judge-I Purnea in Criminal Appeal No. 25 of 2008/12 of 2008 whereby the appeal preferred by the appellant against the order dated 05.03.2008 passed by the Principal Member, Juvenile Justice Board, Purnea in Baisi (Dagarua) P.S. Case No. 190 of 2007 (G.R. No. 2699/07) registered under Sections 376/120B of the Indian Penal Code refusing to release the petitioner on bail was affirmed. Initially a complaint was filed before the Chief Judicial Magistrate, Purnea vide Complaint Case No. 2708 of 2007 that was referred to police and the First Information Report was registered under Sections 376 and 120 B of the Indian Penal Code. Allegation against this petitioner and others is that they have committed rape. When the petitioner was taken into custody then he took plea that he is a juvenile and should be dealt with under the provisions of the Act. On the prayer of the petitioner an enquiry as stipulated under the Act was made and the Court below came to the opinion that on date and time of occurrence, the petitioner was juvenile and his age was assessed to be 17 & ½ years. When he made prayer for bail then his prayer for bail was rejected. Grievance of the petitioner is that once the petitioner was declared a juvenile then he was entitled to be release on bail. The bail can only be rejected if the Court comes to the opinion that after release the juvenile may come into association with unknown criminals or he may exposed to moral, physical and psychological danger or his release may defeat the ends of justice. Prayer for bail has been opposed by the learned Counsel for 2 the State. It appears from the records of the Court below that the petitioner is a juvenile. There is nothing on the record from which any inference to be drawn that release of the petitioner will defeat the ends of justice as prescribed under Section 12 of the Act. Accordingly the orders of the Court bail are set aside and petitioner Khwaja Ekram @ Md. Ekram @ Md. Khwayza Ekram is ordered to 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, Purnea in connection with Baisi (Dagarua) P.S. Case No. 190/2007 (G.R. No. 2699 of 2007) on the condition that one of the bailors shall be close relative of the petitioner who will file an affidavit undertaking before the Court that he will see that after release the petitioner does not fall in company of known criminals and the petitioner will not be allowed to suffer morally, physically and psychologically and also that his release will not defeat the ends of justice. Thus the revision application is allowed. kksinha/- (Shyam Kishore Sharma, J.)