IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.328 of 2011 BITTU SHARMA @ BITTU RAJ . Versus THE STATE OF BIHAR . ----------- 05 20.06.2011 Heard both sides. Petitioner, who has been declared juvenile in conflict with law, seeks bail in a case instituted under Section 376 of the Penal Code. As per allegation contained in the F.I.R. lodged by the victim herself, on the day of occurrence while she was going to school along with her friends the petitioner forcibly lifted her and committed rape on her. The informant disclosed her age as 09 years. Learned Principal Magistrate, on a consideration of the materials on record, refused his prayer for release from remand home. Aggrieved thereby he filed appeal being Cr. Appeal no. 256 of 2010, which was considered and rejected by order dated 08.12.2010 leading to filing of the present application. Learned counsel submits that under the relevant provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’) bail is a Rule whereas refusal is exception. It is next submitted that the injury report indicates that the victim could have suffered injuries on her private parts by fall. It is stated that the petitioner is in custody/remand home since 20.07.2010 and as such he deserves to be released on bail. Learned A.P.P. appearing on behalf of the State, on the other hand, submits that the petitioner is facing criminal charge of heinous nature and as such he is not entitled to bail. I have considered the submissions made on behalf of the parties. It 2 appears from perusal of the F.I.R. that in a very high handed manner the petitioner forcibly lifted the girl aged about 09 years and committed rape on her. Doctor found injuries on the private parts of the prosecutrix. In my view, release of the petitioner, at this stage, would defeat the ends of justice. Accordingly, prayer for bail is rejected. This Court, however, cannot be oblivious of the fact that he is in custody/remand home since 20.07.2010. Petitioner is, thus, granted liberty to renew prayer for bail if the trial does not record adequate progress within 08 months from the date of receipt/communication of a copy of this order in the Court below. Sym ( Kishore K. Mandal, J. )