IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1085 of 2011 Prawez Alam @ Suleman (Minor) through his father and Natural Guardian Nazir Hussain, resident of village- Kasthawar, P.S.- Mansahi, District- Katihar. .. Petitioner. Versus The State Of Bihar … Opposite party. ----------- 2. 02.09.2011 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 19.8.2011 passed by learned Sessions Judge, Katihar in Cr. Appeal No. 35 of 2011 by which the order dated 16.7.2011 passed by learned Juvenile Justice Board in Mansahi P. S. Case No. 18 of 2010 under Sections 376 and 306/34 IPC has been confirmed and the appeal has been dismissed. The prayer for bail of the petitioner has also been rejected. The learned counsel for the petitioner submits that the petitioner has been declared juvenile by the Juvenile Justice Board on 16.7.2011 and, thereafter, he made prayer for bail which was rejected by the Juvenile Justice Board on the same day. Thereafter, he filed criminal appeal which has been rejected by the learned Sessions Judge on the ground 2 that the police has submitted charge-sheet against the petitioner and two others under Sections 376 and 306/34 I.P.C. and the release of the petitioner would likely to expose him to moral, physical or psychological danger and his release would defeat the ends of justice. Moreover, there is no material to show that there is reasonable ground for believing that the release of the petitioner is likely to expose him to moral, physical or psychological danger. The petitioner has been in custody since 6.4.2011. Learned A.P.P. for the State could not controvert the contention of the petitioner while opposing the prayer. After hearing learned counsel for both the parties and on perusal of the material on record it appears that no material has been mentioned in the impugned order to show that there is reasonable ground for believing that the release of the petitioner is likely to expose him to moral, physical or psychological danger and his release would defeat the ends of justice. Considering the facts and circumstances, in my opinion, the impugned 3 order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Katihar in connection with Mansahi P.S. Case No. 18 of 2010 with following conditions;- (i) One of the bailors must be the father of the petitioner. (ii) The father of the petitioner will take care of the petitioner and he will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of 4 the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board and he will be liable to be taken into custody. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)