Patna High CourtCR. REV./77/2022allowed

Rishikesh @ Raja v. The State Of Bihar

2023-02-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.77 of 2022 Arising Out of PS. Case No.-54 Year-2020 Thana- AGRER District- Rohtas ====================================================== RISHIKESH @ RAJA Son of Krishna Bihari Singh Resident of VillageJhalkhoria, P.s. Agrer, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Respondent/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and the State. The juvenile/petitioner is in remand home/ observation home since 13.12.2020 in connection with Agrer P.S. Case No. 54/2020 dated 12.12.2020 instituted for the offences under Sections 302 and some other ancillary Sections of the Indian Penal Code and Sections 27 of the Arms Act. The juvenile/petitioner, on the date of the occurrence, was assessed to be of 17 years one month and nine days. His prayer for being released from the remand home has been rejected by the Juvenile Justice Board as also by the appellate court for the reason that the report of the Probation Officer reflects that the juvenile/petitioner is in association with anti social elements of the locality.

However, both the orders do not reveal as to how an earlier acquaintance with any known criminal would be the

Patna High Court CR. REV. No.77 of 2022(5) dt.20-02-2023 2/2 basis of coming to the conclusion that if the juvenile/petitioner is released from the remand home, he shall again fall in the bad company.

The juvenile/petitioner has approached this Court through his mother who is ready to take good care of him, in case he is released from the remand home.

For the reasons aforesaid, the orders passed by the Juvenile Justice Board and also the appellate order are set aside. The juvenile/petitioner above named is directed to be released from the remand home, subject to his furnishing bond in the sum of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Rohtas at Sasaram in connection with Agrer P.S. Case No. 54 of 2020, subject to the condition that one of the bailors shall be his mother and at the time of filing bond, she would also file an undertaking that she shall keep the juvenile under proper care and supervision.

The revision application stands allowed.

(Prabhat Kumar Singh, J) BKS/- U T