IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.759 of 2010 SONU ANSARAI, S/o Amirul Ansari, Vill. Partapatti, P.S. Sahebganj and Dist. Muzaffarpur. Versus The STATE OF BIHAR ------- 2/ 21.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. This revision application has been filed against the order dated 16.04.2010 passed in Cr. Appeal No. 16 of 2010 by the Sessions Judge, Muzaffarpur by which he dismissed the appeal and confirmed the order dated 02.10.2009 passed in Sahebganj P.S. Case No. 50 of 2008 arising out of Complaint Case No. 369 of 2008 by the Juvenile Justice Board, Muzaffarpur whereby prayer for bail of the petitioner has been rejected. The victim as well as accused person is school going students. This petitioner is alleged accompanying co-accused Md. Mithu 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, he is exonerated from the liability of committing rape though he remained in the same room of the hotel. The submission of the learned counsel for the petitioner is that there is no 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 2 exposure to moral, physical and psychological danger or release would defeat the ends of justice is existing. Further, submission of the learned counsel for the petitioner is that having similar allegation co-accused Md. Mithu @ Asharaf Hussain has already been granted bail by this Court vide Cr. Rev. No. 210 of 2010. Considering the above facts and circumstances of the case, the revision application is allowed and the order and judgment of the Board and Appellate Court 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 connection with Sahebganj P.S. case No. 50 of 2008 (arising out of Complaint Case No. 369 of 2008) One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. Let the order be communicated to the trial court through F.A.X. at the cost of the petitioner. shail (Mandhata Singh, J.)