- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) THIS criminal revision application is directed against the order dated 22.11.2011 passed by learned Sessions Judge -I. Pakur, in Cr. Appeal No. 69 of 2011 affirming the order dated 12.10.2011 passed by Principal Magistrate. Juvenile Justice Board. Pakur in Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 wherein Juvenile Justice Board. Garhwa rejected the prayer for bail of the petitioner. On perusal of the record. it does appear that the petitioner was arrested in connection with Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 which had been registered under Section 376 of the Indian Penal Code on an allegation that this petitioner committed rape upon a minor girl.
(3.) SINCE the petitioner is a juvenile, an application was filed before Juvenile Justice Board, Pakur for release of the petitioner on bail. but that was rejected by holding that the release of the petitioner would defeat the ends of the justice and thereafter when an appeal being Cr. Appeal No. 69 of 2011 was preferred before the learned Sessions Judge -I. Pakur. it was also rejected, after holding that the release of the applicant on bail may bring him in association with the criminal, though the Social Investigation Report. reference of which is there in the order passed by the appellate Court is otherwise wherein it has been stated that the applicant is having good moral character and is not in contact with any criminal. but none of the Court below took into consideration the said report and hence both the orders are fit to be set aside.;