Patna High CourtCR. REV./449/2015allowed

Kartik Kumar v. The State Of Bihar

2015-08-13Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 449 of 2015 =================================================== Kartik Kumar S/o Binod Singh @ Binod Kumar Singh Resident of Village- Madhu Dih, P.S.- Pipra, District- East Champaran, under the guardianship of his father Binod Singh.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s =================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s: Mr. Pradeep Narayan Kr. (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

13.08.2015 Heard learned counsel for the Petitioner and the State.

This revision application has been filed for setting aside the judgment and order dated 13.04.2015 passed by the District and Sessions Judge, East Champaran at Motihari in Cr. Appeal (Juvenile) No. 31 of 2015, by which he has affirmed the order dated 27.02.2015 passed by the Juvenile Justice Board, East Champaran at Motihari in Tr. No. 780 of 2015 arising out of Chhatauni P.S. Case No. 251 of 2013 (G.R. No. 5459 of 2013), by which he has refused to release the Petitioner.

Considering that the Petitioner's father undertakes his responsibility, let the Petitioner, above named be released on furnishing bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the

Patna High Court CR. REV. No.449 of 2015 (2) dt.13-08-2015 satisfaction of Juvenile Justice Board, East Champaran at Motihari in connection with Tr. No. 780 of 2014 arising out of Chhatauni P.S. Case No. 251 of 2013 (G.R. No. 5459 of 2013) subject to the following 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 bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) 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 bail on the ground of misuse. (iii) 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 bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

Accordingly, the revision application is allowed and the judgment and order dated 13.04.2015 passed by

Patna High Court CR. REV. No.449 of 2015 (2) dt.13-08-2015 the District and Sessions Judge, East Champaran at Motihari in Cr. Appeal (Juvenile) No. 31 of 2015, by which he has affirmed the order dated 27.02.2015 passed by the Juvenile Justice Board, East Champaran at Motihari in Tr. No. 780 of 2014 arising out of Chhatauni P.S. Case No. 251 of 2013 (G.R. No. 5459 of 2013) is, hereby, set aside.

Vikash/- (Anjana Prakash, J.) U T