Ranjeev Kumar @ Ranju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.809 of 2014 ======================================================
1. Ranjeev Kumar @ Ranju S/o Satya Narayan Baitha Under the guardian Ship of his father Satya Narayan Baith resident of village - Baidyanathpur, P.S. Chiraiya, District - East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-01-2015 Heard learned counsel for the parties.
This criminal revision is directed against the judgment and order dated 12.9.2013 passed by the 4th Additional Sessions Judge, East Champaran at Motihari in Cr. Appeal No.69 of 2013/40 of 2013 whereby the learned appellate Court while dismissing the appeal has been pleased to confirm the order dated 3.7.2013 passed by the Juvenile Justice Board, East Champaran at Motihari in Trial No.679 of 2013 arising from Chiraiya P.S. Case No. 53 of 2013 registered for offences punishable under Sections 376, 354, 354(A), 509, 511/34 of the Indian Penal Code whereby the prayer for bail was rejected by the Juvenile Justice Board, East Champaran at Motihari.
The allegation against the petitioner along with one other is of committing sexual assault on a minor 2 1⁄2 years old daughter of the informant.
Patna High Court CR. REV. No.809 of 2014 (3) dt.07-01-2015 2 / 3 It is considering the nature of allegation that the prayer of this petitioner was rejected in Cr. Rev. No. 1201 of 2013 by this Court vide order passed on 7.2.2014.
It is submitted by Mr. Ajay Kumar Singh learned counsel for the petitioner that the petitioner has no criminal antecedent and that he has never been involved in any criminal case in the past and that of the three years period of sentence provided under the provisions of the Juvenile Justice (Care and Protect of Children) Act, 2000 the petitioner has already suffered incarceration of almost 2 years.
Taking note of the submission of learned counsel, let the petitioner namely, Ranjeev Kumar @Ranju be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, East Champaran at Motihari in connection with Trial No.679 of 2013 arising from Chiraiya P.S. Case No. 53 of 2013 subject to the following conditions:- (a) That the father of the petitioner shall ensure the presence of the petitioner on the 1st working day of each month with effect from February, 2015 before the Juvenile Justice Board, East Champaran at Motihari as a confirmation of his
Patna High Court CR. REV. No.809 of 2014 (3) dt.07-01-2015 3 / 3 good conduct and also to ensure that the petitioner does not get involved in any further case of criminal nature and shall continue to do so until the conclusion of the trial.
(b) The father of the petitioner shall also ensure the representation of the petitioner during the entire course of trial.
(c) Any violation of the conditions aforementioned, would entitle the Juvenile Justice Board, East Champaran at Motihari, to cancel the bail bonds of the petitioner and take him into custody.
In result the orders impugned are set aside. This criminal revision application is allowed.
(Jyoti Saran, J) Bibhash/- U T