IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1005 of 2009 PAPPU PASWAN S/o Sahdeo Paswan resident of village Salaiya Khurd P.S.Fatehpur Dist. Gaya Versus --- Petitioner STATE OF BIHAR— Opp.party ----------- For the petitioner: Mr Surendra Kr. Singh, Advocate For the Opposite party: Mrs Indu Bala Pandey, Advocate ------------- 04 29.07.2009 Learned counsel for the petitioner as well as learned A.P.P. is ready to argue the case on merit at the stage of admission which was proposed by learned counsel for the petitioner. Accordingly, this revision petition is being disposed of at the stage of admission itself. On merit, submission of the learned counsel for the petitioner is that it is case of out and out love affairs. If the prosecution story is accepted toto even then informant’s daughter disappeared, was found in association with this petitioner. She was examined under section 164 Cr.P.C. only after coming in contact with her all family members and in that continuance, she stated the force used by this petitioner and also to take her away to different places including temple where she was forcibly married. Affidavit was sworn by taking her signature on the point of revolver. Then this love and affection of this petitioner may be one side. He never allowed others to come in contact with victim girl rather had established relation himself. Learned counsel further submits that the petitioner is juvenile while the victim is major one as observed by the Board and he is in custody since 13.11.2008. Section 12 of the Juvenile Justice - 2 - (Care and Protection) Act is also to favour the petitioner, but all these aspects either have not been considered at all or not in right perspective. Taking into the discussions and observations made above, this revision is allowed. Judgment and order passed by the learned Sessions Judge, Gaya dated 21.5.2009 in Cr. Appeal (Juv.) no.105 of 2009 and Juvenile Justice Magadh Division, Gaya dated 20.1.2009 in Fatehpur P.S. Case no. 125 of 2008 respectively are set aside. Petitioner is directed to be released on bail on furnishing bail bond of Rs 10,000/ with two sureties of the like amount each to the satisfaction the Juvenile Justice Board, Magadh Division, Gaya in GR no. 2759/2008/ Juvenile 911(G) of 2008 arising out of Fatehpur P.S. Case no. 125 of 2008. One of the bailers shall be his father who will undertake to produce the petitioner whenever needed in course of trial. shahid (Mandhata Singh, J)