IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.75 of 2011
MD. IMAMUDDIN KHAN @ AMAMUDDIN KHAN
Versus
THE STATE OF BIHAR
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03 14.02.2011 Heard both sides.
Petitioner, who has been declared juvenile in conflict
with law, is aggrieved by order dated 04.01.2011, passed by
learned Sessions Judge in Cr. Appeal no. 02 of 2011, whereby
his prayer for bail was rejected.
Petitioner facing charge punishable under Sections
366A and 363 of the Penal Code. According to the materials on
record, the victim and the petitioner were classmates. It is
allegation that she was kidnapped/abducted by the petitioner and
taken to some other place from where the police recovered her.
Her statement has been recorded under Section 164 of the Code
of Criminal Procedure (hereinafter referred to as the ‘Code’)
which is on record as (Annexure-2). This Court finds therefrom
that there is no allegation of misbehaviour and/or outraging her
modesty in any manner. It is submitted that petitioner is in
custody since 08.09.2010.
By order dated 18.01.2011, a report from the
concerned Probation Officer was called for which is placed on
record at Flag-A. Probation Officer has found that the family of
the petitioner is well knit. There is grand father in the family. It
has also noted that except the one in hand there is no other case
against him. Probation Officer has noted that this all happened
2
due to love affairs between the two young ones.
Having regard to the materials on record, particularly
the findings of the Probation Officer, this Court is inclined to
direct for his release. Accordingly, this Court sets aside the
orders passed by the two Courts below and directs for his release
on bail on furnishing bail bond of Rs. 15,000/- (Fifteen
thousand) with two sureties of the like amount each to the
satisfaction of the Juvenile Justice Board, Patna City, Patna in
connection with J.J.B. case no. 336 of 2010, Kankarbagh P.S.
case no. 327 of 2010, subject to the following conditions:-
(i) One of the bailors shall the father of the
petitioner.
(ii) It will be the duty of the father to monitor his
son and keep guard on him. It will also be duty
of the father to produce the petitioner before
the Court as and when called upon.
(iii) During subsistency of the present order, if it is
found that petitioner involved himself in any
other criminal case, the same shall be treated as
breach of the condition of bail entailing
cancellation.
Sym/ ( Kishore K. Mandal, J.)