IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.3 of 2011 RAJESH PANDEY Versus THE STATE OF BIHAR ----------- 06 31.03.2011 Heard both sides. Petitioner, who is declared juvenile in conflict with law, seeks bail in a case instituted under Section 376 of the Penal Code. As per prosecution case, the complainant/informant who is school teacher by profession was returning home when two accused persons including the petitioner captivated her and forcibly committed rape on her. Witnesses arrived soon after retreat of the accused persons disclosed that the accuseds who had ravaged her was the petitioner and one Gautam Kumar . Learned counsel for the petitioner submits that the petitioner is in remand home since 14.12.2009. It is submitted that gravity of the offence shall have no dominant role to play in consideration of bail. It is submitted that the father of the petitioner is ready and willing to take the responsibilities. Learned counsel appearing on behalf of the State, on the contrary, submits that a heinous offence was committed in a very dare devil manner by the accused persons including the petitioner which found support during investigation. Learned appellate Court in the concluding paragraph of the order has taken into consideration the allegations and the materials available on record .On the basis of those consideration, it has been observed that his release would defeat the ends of justice. A report 2 was called for from the concerned Probation Officer which is placed on record at Flag-A. Perused. Having regard to the submissions and after going through the materials on record including the allegations contained in the complaint/F.I.R. and the facts disclosed in the appellate order, this Court is in agreement with the view taken by learned appellate Court. Prayer for bail stands rejected. Since the petitioner is in remand home since 14.12.2009, this Court observes that if the trial is not taken up and sufficient progress recorded thereat within 07 months from the date of receipt/communication of a copy of this order, petitioner shall have liberty to renew prayer for bail in the Court below itself which shall be considered and disposed of on its own merit uninfluenced by the present order. Sym ( Kishore K. Mandal, J.)