Patna High CourtCR. REV./869/2017dismissed

Raushan Kumar @ Raushan Kumar Rai @ Deepak Rai @ Deepak Kumar v. The State Of Bihar

2017-09-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.869 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- VAISHALI(HAJIPUR) =========================================================== Raushan Kumar @ Raushan Kumar Rai @ Deepak Kumar Rai @ Deepak Kumar, Son of Shiv Charan Rai, aged about 16 years, under the guardianship of his father and natural guardian Shiv Charan Rai, resident of Village Bajitpur, Tole Chakwa, P.S. Desari, District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar .... .... Respondent =========================================================== Appearance :

For the Petitioner :

Mr. Srinandan Prasad Singh, Advocate Mr. Navesh Nandan, Advocate Mr. Manish Kumar, Advocate For the State :

Mr. Ataur Rahman, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 21-09-2017 This criminal revision application is filed against the order dated 15.06.2017, passed by learned Additional Sessions Judge, 1st, Vaishali at Hajipur in Cr. Appeal No.55 of 2017 upholding the order dated 26.04.2017, passed by Juvenile Justice Board, Vaishali rejecting the prayer of bail of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner was declared juvenile by the Board in between 16 to 17 years but the Board as well as the appellate court ignoring this fact has rejected bail application of the petitioner.

3. Learned counsel for the State opposes the prayer of bail on the ground that he has raped a girl of five years of age.

4. The Court finds that petitioner is accused of raping a

Patna High Court CR. REV. No.869 of 2017 dt.21-09-2017 2 /2 small girl of five years of age and the medical report shows scar in the part of labia major and labia minor, tear and rupture in hymen and blood was being discharged while she was examined by the Medical Board, so the Court finds that it is not in the interest of justice to release the petitioner on bail as well as not in the interest of the petitioner as he needs reformation, so requires to be put in observation home for the time being. However, the Juvenile Justice Board, Vaishali is directed to expedite the enquiry and conclude the same expeditiously.

This criminal revision application stands dismissed. (Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.09.2017 Transmission Date 25.09.2017