ORDER

24.12.2008 — The petitioner is an accused in J.G.R. Case No.27 of 2008 pending in the Court of learned Chief Judicial Magistrate-cum-Principal Magistrate, Juvenile Justice Board, Khurda involving offence under Section 457/302/380 of the I.P.C. in which charge sheet has been submitted under Sections 457/380/302/120-B of the I.P.C. He has sought for bail under Section 439 of the Code of Criminal Procedure, 1973 (here-in-after called “the Cr.P.C.”)

2. I have heard learned counsel for both sides on the question of bail and have perused the records. Admittedly the petitioner is a juvenile. The prosecution allegation is that one Krushna Chandra Sahu, a retired employee aged about 62 years used to live in his house at Krishna Garden, Bhubaneswar. He had developed homosexual relation with the petitioner. Sometimes later the petitioner resented the same especially when he began to show overt sexual gestures at him even in public places. In the meanwhile the petitioner had developed friendship with one Manwar Khan in whom he confided. On the advice of Manwar he went with him to Salipur and contacted one Mitu @ Susanta Kumar Rout¬ray a known criminal. Susanta took money from the petitio