High Court Patna High Court - Orders

Arun Kumar Mehta @ Arun Kumar vs The State Of Bihar on 8 September, 2011

Patna High Court – Orders
Arun Kumar Mehta @ Arun Kumar vs The State Of Bihar on 8 September, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CR. REV. No.1115 of 2011
                   Arun Kumar Mehta @ Arun Kumar son of Siyaram
                  Mehta @ Sitaram Mehta resident of village Simri
                  P.S. Bhaptiyahi, Distt- Supaul.
                                                        ...Petitioner.
                                                  Versus
                   The State Of Bihar         ... Opp. Party.
                                              -----------

2. 08.09.2011 The accused- petitioner has preferred

this revision application under Section 53 of

the Juvenile Justice (Care and Protection of

Children) Act, 2000 against the order dated 7th

July 2011 passed by learned Additional Sessions

Judge, FTC V, Supaul in Cr. Appeal No.9 of 2011

by which the order dated 4.3.2011 passed by

learned Juvenile Justice Board, Supaul in

Bhaptiyahi P. S. Case No. 58 of 2010 (G.R. No.

1090 of 2010) under Sections 364 A I.P.C. has

been confirmed and the appeal has been

dismissed. The prayer for bail of the

petitioner has also been rejected.

Learned counsel for the petitioner

submits that the petitioner has been declared

juvenile aged about less than 15 years by the

Juvenile Justice Board and his prayer for bail

has been rejected by the Juvenile Justice

Board. Thereafter, the petitioner filed Cr.

Appeal No. 9 of 2011 which has been dismissed

by the impugned order on the ground that if the
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petitioner is released, he will go into the

association of hard criminals. It is further

submitted that there is no material on record

to show that there is reasonable ground for

presuming such fact. There is also no basis to

presume that the release of the petitioner will

defeat the ends of justice.

Learned A.P.P. for the State could

not controvert the contention of the petitioner

while opposing the prayer.

After hearing learned counsel for

both the parties and on perusal of material on

record, it appears that the contention of

learned counsel for the petitioner is correct.

There is no material on record to show that

there is reasonable ground for believing that

the release of the petitioner is likely to

bring him into association with any known

criminal or expose him to moral, physical,

psychological danger or that his release would

defeat the ends of justice.

            Considering                the           facts          and

circumstances,          in    my     opinion,        the     impugned

order is not fit to be sustained. It is set

aside. The above named petitioner is directed

to be released on bail on furnishing bail bond
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of Rs.10,000/- (ten thousand only) with two

sureties of the like amount each to the

satisfaction of learned Juvenile Justice Board,

Supaul in connection with Bhaptiyahi P. S. Case

No. 58 of 2010 ( G. R. No. 1090 of 2010) with

following conditions;-

                     (i)     One of the bailors must be the

          father of the petitioner.

                     (ii)    The    father     of   the     petitioner

will take care of the petitioner and he will

produce the petitioner in the Court if and when

required. In case of absence on two consecutive

dates, his bail bonds would be liable to be

cancelled.

(iii) The petitioner will not indulge

himself in similar or in any other offence.

(iv) In case of violation of the

terms and conditions of bail, the bail bond of

the petitioner will be liable to be cancelled

by the learned Juvenile Justice Board and he

will be liable to be taken into custody.

                     In      the       result,      this     revision

          application is allowed.


Kanchan                           (Amaresh Kumar Lal, J.)