JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard learned counsel appearing on behalf of the appellant and learned APP appearing on behalf of the State.

2. The present appeal is being preferred against the order dated 04.11.2022 passed by learned Additional Sessions Judge-1st-cum-Children Court, Katihar in G.R. 2158 of 2022 arising out of Muffasil P.S. Case No. 83 of 2022 by which the learned Court has refused to enlarge the appellant on bail in a case registered for offences punishable under Section 376 of the Indian Penal Code.

3. The Child in conflict with law (for short ‘CICL’)/appellant, aged about 17 years 01 month and 02 days on the alleged date of occurrence i.e. 16.05.2022, is named in F.I.R. and is in observation home since 18.05.2022.

4. The allegation against the CICL/appellant is to commit rape upon daughter of informant aged about 10 years while she was playing inside her home after taking her to a nearby primary school.

5. Learned counsel appearing on behalf of the appellant submitted that even as per the FIR, appellant/CICL is aged about 15 years, whereas on the basis of determination of age by Juvenile Justice Board, the age of CICL/appellant was found 17 years 01 month and 02