IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1585 of 2010
VIKRAM KUMAR .
Versus
STATE OF BIHAR.
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05 28.03.2011 Heard both sides.
Petitioner is declared juvenile in conflict with law. He
is facing charge punishable under Section 302/34 of the Penal
Code.
Admittedly he is not named in the F.I.R. It is alleged
that several weeks after the occurrence and retrieval of the dead
body he was arrested on suspicion whereafter he said to have made
a confessional statement.
Learned counsel for the petitioner submits that
petitioner is in custody since 03.11.2009. It is further submitted
that father of the petitioner is ready and willing to take
responsibilities respecting the petitioner in case he is released on
bail.
A report from the concerned Probation Officer was
called for which is available on record at Flag-P. Perused the
report. Probation officer has recommended his release based on
facts collected by him but subject to his supervision.
Having regard to the period of incarceration and the
report, this Court while setting aside the appellate order passed by
the Court below directs for his release. Let petitioner, named
above, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
2
satisfaction of the Juvenile Justice Board, Munger in connection
with G.R. No. 1689 of 2009, arising out of Kharagpur P.S. case no.
180 of 2009, subject to the following conditions:-
(1) One of the bailors shall be the
father of the petitioner.
(2) It shall be the duty of the father to
produce the petitioner before the
Court as and when personal
attendance is required. The father
shall also produce the petitioner
before the concerned Probation
Officer at least once in a month for
a period of 06 months from the
date of his release providing an
opportunity to the Probation
Officer to gauge his conduct and
behaviour. In case of default in
such appearance, the Probation
Officer shall immediately
communicate the same to the Court
in seisin of the matter whereafter
his bail bond shall be cancelled.
(3) During subsistency of the present
privilege, if it is found that
petitioner has involved himself in
3any criminal case, the same shall
be treated as a breach of the
condition of bail entailing
cancellation.
Sym (Kishore K.Mandal, J.)