- (1.) HEARD the learned counsel for the petitioner and learned counsel for the State.
(2.) THE instant revision application is directed against the order dated 2.8.2008 passed by Juvenile Justice Board, Dhanbad vide its order dated in connection with Bokaro Thermal P.S. Case NO.7 of 2007 corresponding to G.R. Case No. 92/2007 and confirmation of the said order by the order dated 28.8.2008 passed in Cr. Appeal No. 51 of 2008 by the Sessions Judge, Bokaro whereby and whereunder both the courts has refused to release the petitioner on bail since they found that the petitioner had kidnapped the victim girl and committed rape upon her and as such it was not proper in the interest of the juvenile to release him. It is submitted by the learned counsel for the petitioner that the petitioner is in jail custody since 15.2.2007 and as per the provision of Section 15(3) of the Juvenile Justice Act, maximum punishment which could have been passed after finding the petitioner guilty was keeping him under the supervision of the Probation Officer for three years and since, the petitioner has remained in jail for more than two years, as such, he may be enlarged on bail.
(3.) LEARNED counsel for the State has opposed the prayer for bail, but submitted that social investigation report given by the Probation Officer, Chas, Bokaro reveals that it is the first offence of the petitioner and he is in jail custody since long.;