IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1605 of 2009 VKJAY JHA @ VIJAY OJHA Versus STATE OF BIHAR ----------- 2 13.10.2009 Heard learned counsel for the petitioner and the State. Petitioner along with others are alleged for taking away a girl of six years outside her house, committed rape upon her even pressed her neck. Petitioner is declared juvenile. According to learned counsel, another juvenile was allowed bail at an early stage by the Juvenile Justice Board but petitioner’s case remained pending due to the fact that he was declared a juvenile at a later stage under the direction of the High Court. He remained in custody since 19.3.2006 while the maximum punishment which can be awarded is of three years which also has not been considered by the Board as well as by the Sessions Judge. Whatever may be the nature of offence, no more punishment that empowered to Juvenile Justice Board can be awarded and that period has elapsed. Petitioner remained in - 2 - custody all along which should be considered by the learned Magistrate as well as by the Sessions Judge though earlier petitioner’s prayer for bail was rejected by the High Court but at the same time, a direction was given to decide the age if entitling the petitioner as juvenile. That is complete and has gone in favour of the petitioner who is declared juvenile. Even then his prayer for bail is rejected, which in my view, is not justified and liable to sustain. The Revision application is allowed and the order dated 22.8.2009 passed in Criminal Appeal no.40/2009 by Additional Sessions Judge-IV, Vaishali at Hajipur and the order dated passed in GR.No.753/06/Tr.no.51/09 arising out of Mahua P.S.Case No. 52 of 2006, passed by Sri R.N. Ram, Judicial Magistrate, 1st Class, Vaishali 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 - 3 - satisfaction of Sri R.N.Ram, Judicial Magistrate, 1st Class, Vaishali in the aforesaid case. It is made clear that one of the bailors shall be petitioner’s father who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. (Mandhata Singh,J.) AI