IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21557 of 2010 DURGA KUMAR SAH Versus THE STATE OF BIHAR ----------- 2 9.7.2010 Heard the parties. The petitioner apprehends his arrest in a case instituted under section 376/34 of the Indian Penal Code. According to the FIR Vide Annexure-1, the petitioner and co-accused Md. Kalam are alleged to have committed rape upon a minor girl aged about 12 years. Allegation against the petitioner is very serious and heinous. It is submitted that in fact the entire prosecution case is based on hearsay evidence and medical report does not support the prosecution case. Further the petitioner was Juvenile at the time of alleged occurrence. Be that as it may, in the facts and circumstances of the case and in view of heinous nature of allegation against the petitioner, this court is not persuaded to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is accordingly rejected. The petitioner must surrender in the court of C.J.M, East Champaran at Motihari in connection with Madhuban P.S. Case No. 122 of 2008 within a period of four weeks from today and seek regular bail, if so advised. . It is contended that petitioner is a Juvenile under the - 2 - meaning of Juvenile Justice (Care and Protection of Children) Act, 2000 and, therefore, he is entitled to have the benefit of the provisions of the said Act. In that view of the matter, if the petitioner surrenders in the court below, and the court below prima facie finds that the petitioner is Juvenile , then in that case the matter may be inquired into u/s 7 A of the said Act by the court below/Juvenile Justice Board and the benefit , if any , admissible under the said Act may be granted to the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman