IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.559 of 2011 PANKAJ KUMAR SON OF SRI UMESH YADAV RESIDENT OF VILLAGE-MORMA, POLICE-STATION-ROH, DISTRICT NAWADA ……PETITIONER. Versus THE STATE OF BIHAR. …..OPPOSITE PARTY. ----------- 02. 10.05.2011 Heard learned counsel for the petitioner and the State. Petitioner who has been declared juvenile in conflict with law seeks bail in a case instituted under Section 376/34 of the Penal Code. As per the prosecution case, the victim Gudiya Kumari aged about 16 years was overpowered by the two accused persons while she was in field to attend the call of nature. It is the allegation that both of them committed rap on her. Police in course of investigation found sufficient material against the petitioner and charge-sheet has been submitted. The statement of the victim girl made under Section 161 as well as 164 Cr. P.C. consistently implicate the petitioner. Learned counsel for the petitioner submits that the petitioner is in remand home/custody since 08.06.2010. The prosecution case suffers from absurdity. It is submitted that father is ready and willing to take responsibility respecting the petitioner if released on bail. Learned A.P.P., on the other hand, submits that petitioner is accused of heinous crime. Learned appellate court on a consideration of materials on record observed in the order impugned that petitioner is facing a criminal charge which is 2 heinous in nature. His release would defeat the ends of justice. This Court on hearing both sides is not inclined to take a different view for the present. Accordingly, prayer for bail is rejected. This Court cannot be oblivious of submission that petitioner is in remand home since 08.06.2010. Having regard to the aforesaid fact, it is observed that if the trial of the petitioner is not concluded by examining all prosecution witnesses within 08 months from the date of receipt/ communication of a copy of this order, petitioner shall have liberty to move the court below itself for bail which shall be considered and disposed of in accordance with law uninfluenced by the present order. Devendra/ ( K.K. Mandal, J. )