IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1236 of 2011 Darpan Kumar @ Darpan Paswan son of Dharampal Paswan, resident of village – Lathar, P.S.- Ranitalab, District- Patna. .. Petitioner. Versus The State Of Bihar … Opposite Party. ---------------------------------- 3. 02.12.2011 The accused- petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 7.9.2011 passed by learned Sessions Judge, Patna in Cr. Appeal No. 223 of 2011 by which the order dated 20th July 2011 passed by learned Juvenile Justice Board in JJB Case No. 91 of 2011 arising out of Rani Talab P. S. Case No. 31 of 2011 under Section 377 I.P.C. has been confirmed and the appeal has been dismissed. Learned counsel for the petitioner submits that the petitioner has been declared a juvenile and his prayer for bail has been rejected by the Juvenile Justice Board vide order dated 20.07.2011. Thereafter, the petitioner filed Cr. Appeal No. 223 of 2011 which has been dismissed by the impugned order on the ground that the release of the petitioner is not in the interest of justice 2 and his release will bring him into association of known criminals or expose him to moral, physical and psychological danger. Learned counsel for the petitioner further submits that there is no material in the case-dairy to draw such inference against the petitioner. The mother of the petitioner will take care of him. Learned A.P.P. for the State could not controvert the contention of the petitioner while opposing his prayer. After hearing learned counsel for both the parties and on perusal of material on record, it appears that the contention of learned counsel for the petitioner is correct. There is no material in the case-diary to show that the release of the petitioner will not be in the interest of justice and the petitioner will go into the association of any known criminals. It also appears from the report of Probation Officer dated 6.6.2011 that the petitioner has no criminal antecedent. Considering the facts and circumstances, in my opinion, the impugned order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond 3 of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Patna City in connection with J. J. B. Case No. 91 of 2011 arising out of Rani Talab P. S. Case No. 31 of 2011 with following conditions;- (i) One of the bailors must be the mother of the petitioner. (ii) The mother of the petitioner will take care of the petitioner and he will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board and he will be liable to be taken into custody. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)