- (1.) HEARD .
(2.) THE petitioner has preferred this Criminal Revision under Section 53 of the. Juvenile Justice (Care and Protection of Children) Act, 2000 with the prayer for his release on bail. The prosecution story in short was that the prosecutrix Rabina Kumari alleged in the statement before the police on 10.7.2007 narrating that on 7.7.2007 at around 9 a.m. while she was alone in her house, her father Sunil Paswan had been to Bhagalpur and her mother was out to graze the cattle, the petitioner came there and informed about the telephone call of her maternal grandmother at the telephone booth under the waiting made. The prosecutrix accompanied the petitioner to the STD booth where she was taken inside a room and the door was bolted by the petitioner from inside. She further narrated. that the petitioner committed rape forcibly after gagging her mouth and removing her undergarment as also by putting her on the earth. When she attempted to scream, she was terrorized to be strangulated. She returned back to her home when the petitioner escaped and narrated the occurrence to her mother who by that time had arrived. On return of her father from Bhagalpur the occurrence was narrated to him and thereafter her statement was recorded by the police.
(3.) ACCORDING to the learned counsel Mr. K.P. Deo, the petitioner was declared Juvenile by the Juvenile Justice Board, Deoghar on 24.8.2007. But the prayer for his release on bail was rejected by the J.J. Board, Deoghar on the same day on 24.8.2007 against which appeal was preferred under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 before the Sessions Judge, Deoghar. His prayer for bail was refused by the order impugned dated 14.9.2007 with the observation that the release of the petitioner, in the nature of the offence as alleged against him, would defeat the ends of justice.;