IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.340 of 2011 ============================================= Parmanand Mandal, son of Lalxmi Mandal, resident of village- Fatehpur, P.S.-Jhajha, District-Jamui. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ============================================= 7 15-07-2011 A supplementary affidavit has been filed to the effect that due to typing mistake the age of the victim girl was mentioned as 18 years in Annexure-1. The correct age is 10 years. Let it be kept on record. The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 2.02.2011 passed by the learned Sessions Judge, Jamui in Cr. (Juvenile) Appeal No.03/2011 by which the order passed by the Juvenile Justice Board has been confirmed and the prayer of the petitioner for grant of bail has been rejected. Heard Mr. Abdul Manan Khan, learned counsel for the petitioner, Mr. Prakash Kumar, learned counsel for the informant and Mrs. I.B. Pandey, learned A.P.P. for the State. It is submitted that the complaint case no.1589 C/09 was filed in the court of learned Chief Judicial Magistrate, Jamui, which was later on lodged as Jhajha P.S. Case No.3/2010 under Section 376 G of the I.P.C. The allegation against the petitioner is of committing rape of the informant. The petitioner was declared a juvenile by the Juvenile Justice Board vide order dated 12.01.2011. His prayer for bail was rejected by the Juvenile Justice Board vide order dated 13.01.2011. Against the said order, the petitioner filed Cr. (Juvenile) Appeal No.3/11, which has been rejected on the ground that the offence is heinous and the release of the petitioner will defeat the justice to the victim. It I s further submitted that there is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. It has further been submitted that the report was called for from the concerned Probation Officer through Juvenile Justice Board, Jamui. The Probation Officer, Jamui has submitted the report dated 5.04.2011 (flag ‘A’) from which it appears that the petitioner is not notorious criminal and no case has been found pending against him except this case and his character is good. He has further submitted that father of the petitioner will take care of the petitioner. Learned counsel for the State has submitted that it is a heinous crime and the petitioner is one of the members who have committed rape alongwith another boy, who is also juvenile. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears that the contention of the learned counsel for the petitioner is correct. There is no material on record to show that release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. From the report at flag ‘A’ of Probation Officer, it appears that petitioner has no criminal antecedent and his character is good. Considering the aforementioned facts and circumstances, in my opinion, the impugned order is not fit to be sustained and accordingly impugned order is set aside. The petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-with two sureties of the like amount to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Jamui in connection with G.R.No.16/2010 arising out of Jhajha P.S. Case No.03/2010 subject to following conditions : 1. The petitioner will not indulge in similar or in any other offence. 2. One of the bailors must be the father of the petitioner, who will produce the petitioner in the court if and when required. 3. In case of violation of the terms of the bail, his bail bond is liable to be cancelled by the learned Juvenile Justice Board, Jamui. In the result, this petition is allowed. V.K.Pandey (Amaresh Kumar Lal, J)