IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1640 of 2010 DILIP KUMAR SON OF SRI RAM NANDAN SINGH @ KARU SINGH, R/O- VILLAGE-CHAUGAWN, P.S.- SIRDALA, DISTRICT- NAWADA THROUGH FATHER AND GUARDIAN RAM NANDAN SINGH. Versus THE STATE OF BIHAR ----------- 6 21.04.2011 Heard learned counsel for the petitioner, the State and the informant. Petitioner, who has been declared juvenile in conflict with law, is facing charge punishable under diverse sections of the Penal Code including Section 376(G) IPC. As per allegation in the F.I.R., 08 accused persons including the petitioner forcibly intruded into the house of the informant. 02 of them including the petitioner is said to have captivated the informant and 03 of them are said to have committed rape on the wife of the informant. Learned counsel for the petitioner submits that all the accused persons are not only co-villagers but neighbours of the informant. There has been inordinate delay in lodging the case. Even going by the allegations contained in the F.I.R., there is no allegation of commission of rape attributed to the petitioner. It is contended that he is in Remand Home since 17.4.2010. A report from the concerned Probation Officer was called for which is at Flag-A. It appears therefrom that one of the brothers is Engineer and is employed at Patna. A supplementary affidavit has been filed on behalf 2 of the said brother of the petitioner namely Pawan Kumar. Paragraph 3 of the affidavit reads as under: “3. That, the present petitioner is the own younger brother of the deponent and the deponent undertakes that after being released his brother from custody he will keep him at Patna and will pursue his studies.“ Considering the facts disclosed in the report as also the averments made in the supplementary affidavit affirmed by own brother of the petitioner, petitioner abovenamed is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Nawada in connection with Juvenile Case No. 215 of 2010 (Sirdala P.S. Case No. 27 of 2010) subject to the following conditions: (i) One of the bailors shall be own brother of the petitioner namely Pawan Kumar. (ii) It shall be the duty of the brother to ensure that the petitioner does not fall in the bad company and pursues his study. It will also be his duty to produce the petitioner before the Court as and when directed therefor. The brother of the petitioner shall also produce the petitioner before the Principal Probation Officer, Nawada at least once in a 3 month for a period of 05 months from the date of release providing an opportunity to the said officer to monitor his conduct and behaviour. In case of default in such appearance, the Principal Probation Officer shall inform the Court whereafter bail bonds of the petitioner shall be cancelled. (iii) During the subsistency of the present privilege of bail, if it is found that the petitioner is found involved in any other criminal case, the same shall be treated as a breach of condition of bail entailing cancellation. pkj ( Kishore K. Mandal, J)