Raushan Kumar @ Burhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.85 of 2016 Arising Out of Mahila PS.Case No. 29 Year 2015 District- SEKHPURA =========================================================== Raushan Kumar @ Burhwa son of Manoj Singh, resident of village- Seikhopur Dih, P.S.- Sheikhopur Sarai, District- Sheikhpura, under the guardianship of his father Manoj Singh @ Manoj Kumar, S/o Sheo Shankar Singh .... .... Petitioner/s

Versus

The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh, Adv. For the State : Mr. Satya Nand Shukla, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-03-2016 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the Judgment and order dated 14.12.2015 passed by the Additional Sessions Judge 1st, Sheikhpura, in Cr. Appeal No. 24 of 2015 by which he has affirmed the order dated 21.11.2015 passed by the Juvenile Justice Board, Sheikhpura, in Mahila P.S. Case No. 29 of 2015, by which he has refused to release the Petitioner. Considering the period of custody and the undertaking of the maternal uncle Ajay Kumar Singh as also his clean antecedent, let the Petitioner above named be released on furnishing bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Sheikhpura, in

Patna High Court CR. REV. No.85 of 2016 dt.17-03-2016 2/3 connection with Sheikhpura Mahila P.S. Case No. 29 of 2015 subject to the conditions (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the maternal uncle of the Petitioner namely, Ajay Kumar Singh. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of release on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his release will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his release will be liable to be cancelled.

Accordingly, the revision application is allowed and the Judgment and order dated 14.12.2015 passed by the Additional

Patna High Court CR. REV. No.85 of 2016 dt.17-03-2016 3/3 Sessions Judge 1st, Sheikhpura, in Cr. Appeal No. 24 of 2015 as also the order dated 21.11.2015 passed by the Juvenile Justice Board, Sheikhpura, in Mahila P.S. Case No. 29 of 2015, are hereby, set aside. (Anjana Prakash, J) S.Ali/- U T