Dhiraj Kumar Pathak @ Dhiraj Pathak @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.805 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Dhiraj Kumar Pathak @ Dhiraj Pathak @ Dhiraj Kumar Son of Sanjay Kumar Pathak under the guardianship of Sanjay Kumar Pathak natural guardian, Resident of Mohalla - Mauna Mishra Tolia, P.S. - Chapra Town, District - Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Rajesh Kumar Singh, Advocate For the Respondent/s : Mr. Ashok Kumar Singh 1, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-02-2016 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the order dated 31.8.2015 passed by the Sessions Judge, Saran at Chapra in Criminal (Juvenile) Appeal No.94 of 2015, by which he has affirmed the order dated 1.8.2015 passed by the Juvenile Justice Board, Saran at Chapra in J.J.B. case No.1407 of 2015 (Chapra Town P.S. case No.102 of 2015), by which he has refused to release the Petitioner.

Considering that the Petitioner's father Sanjay Kumar Pathak undertakes his responsibility and the Petitioner has fair antecedents, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like

Patna High Court CR. REV. No.805 of 2015 dt.08-02-2016 2/3 amount each to the satisfaction of learned Juvenile Justice Board, Saran at Chapra in connection with J.J.B. case No.1407 of 2015 (Chapra Town P.S. case No.102 of 2015), subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in 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 bail on 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 bond will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.

Accordingly, the revision application is allowed and the order dated 31.8.

Patna High Court CR. REV. No.805 of 2015 dt.08-02-2016 3/3 in Criminal (Juvenile) Appeal No.94 of 2015 as also the order dated 1.8.2015 passed by the Juvenile Justice Board, Saran at Chapra in J.J.B. case No.1407 of 2015 (Chapra Town P.S. case No.102 of 2015) is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T