IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1557 of 2010 KANHAIYA MANDAL SON OF SRI NAND KISHOR MANDAL RESIDENT OF VILLAGE- SACCHIDANAND NAGAR, HAWAI ADDA, P.S.- TILKAMANJHI, DIST.- BHAGALPUR (under the guardianship of father)…………………..Petitioners Versus STATE OF BIHAR …………………Opp. Party. ----------- Mr. Bhola Prasad Ad. For the petitioner Mr. Arun Kumar Ad. For the App. 2 02.12.2010 Petitioner is aggrieved by order dated 18.09.2010 passed in Cr. App No.122/10 by learned AddI. Session Judge No. 4, Bhagalpur, in connection with a case which was registered under Section 376 IPC. The allegation as per FIR is that the petitioner forcibly dragged eight years old daughter of the informant to his house and committed rape on her. Records indicate that on an application filed on his behalf, he was declared juvenile on the date of occurrence. Learned counsel for the petitioner while assailing the two orders passed by the two courts below submits that the informant is related to the petitioner and there is some land dispute between them from before. It is next contended that he is in custody/remand home since the date of occurrence i.e., 05.12.2009. Learned APP, on the other hand, submits that the petitioner is facing serious allegation/charge and his release from the remand home would not be in the interest of the petitioner. 2 Learned appellate Court while considering his prayer for bail in criminal appeal No. 122/10 has found and recorded that witnesses have supported the allegation. Considering the manner of occurrence and the fact that rape was committed by a minor on a minor girl, his release was not found expedient. This Court for the present is in agreement with the view taken by learned appellate court. Application is rejected. Since the petitioner is in custody for about 11 months this Court observes that if the trial of the petitioner does not register sufficient progress within seven months from the date of receipt of the order, the petitioner shall pray for bail in the court below itself which shall be considered and disposed of in accordance with law uninfluenced by the order present. Amrendra/ ( K.K. Mandal, J.)