IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1758 of 2010
ARVIND KUMAR RAI S/O- NAND KISHORE RAI, R/O- VILLAGE-
MAITHI, P.S.- GAIGHAT, DISTRICT- MUZAFFARPUR.
Versus
THE STATE OF BIHAR
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5 14.03.2011
Heard learned counsel for the petitioner and the
State.
Petitioner is declared juvenile in conflict with law.
He is facing charge under Section 376 IPC. Allegation is that
he committed rape on a three year old baby. Paragraph 7 of
the appellate order indicates that the allegation contained in
the F.I.R. have been found to be true in course of
investigation. The daughter of the informant was found in
pool of blood on the place of occurrence. The doctor has
found injuries on the private part of the victim inasmuch as
her hymen was brutally ruptured.
It is submitted that the petitioner is juvenile and in
custody/remand home since 4.12.2009.
A report was called for by order dated
20.12.2010. The Principal Magistrate, Juvenile Justice
Board has submitted a report from perusal whereof it
appears that the petitioner has escaped remand home on
3.7.2010 and for his appearance, warrant of arrest has been
issued. Presently, therefore, he is not in jail custody/remand
home.
Having regard to the materials on record
2
including the allegations and the materials found in support
thereof, this Court is of the view that any order in his favour
at this stage would defeat the ends of justice.
The application is dismissed.
pkj (Kishore K. Mandal, J)