IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1677 of 2009 DILIP KUMAR @ DILIP SAH Versus STATE OF BIHAR ----------- 2 30.10.2009 Heard learned counsel for the petitioner and the State. In a case of gang rape, petitioner remained in custody since 22.2.2008 while the F.I.R. was lodged only for the offence under section 364 IPC. Latter the victim girl was examined and named three persons including this petitioner but she moved to her house not to hospital though it is not the stage of doubting or believing the prosecution case but that can be taken for bail followed by petitioner’s custody. There is no mention about having criminal antecedent of the petitioner. However, the revision application is allowed and judgment and order dated 29.8.2009 passed by Sessions Judge, Muzaffarpur in Cr.Appeal No. 98 of 2009 confirming the order dated 30.7.2009 passed by Juvenile Justice Board, Muzaffarpur in G.R.case no. 283/2007 arising out of Katra P.S.Case No. 8/2007 is set aside. 2 Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Muzaffarpur in the aforesaid case. It is made clear that one of the bailers shall be petitioner’s father who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. (Mandhata Singh,J.) A.I.