Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.107 of 2020 Arising Out of PS. Case No.-183 Year-2017 Thana- BUNIYAD GANJ District- Gaya ====================================================== SAURAV KUMAR, Son of Manoj Singh @ Manoj Kumar Singh Resident of Village - Kalpur nagar, P.S.- Muffasil, Dist.- Gaya, under The Guardianship of his father Naely Manoj Singh @ Manoj Kumar Singh, Son of Ashok Kumar Singh Resident of Village - Mirganj, P.S.- Wazirganj, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Respondent/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-06-2020 Heard Mr. Manish Kumar No. 2, learned counsel for the petitioner and learned APP for the State. The petitioner has challenged the order passed by the Juvenile Justice Board, Gaya dated 08.11.2019, whereby the prayer for release of the petitioner has been rejected on the ground of the fear of the petitioner / Juvenile going in bad company as also against the order dated 06.12.2019 passed by the learned Special Judge (Children Court), Gaya in Criminal Appeal (Juvenile) No. 85 of 2019, whereby the order passed by the Juvenile Justice Board has been affirmed and upheld.

The learned counsel for the petitioner / Juvenile

Patna High Court CR. REV. No.107 of 2020(3) dt.24-06-2020 2/3 has submitted that there is nothing on record to substantiate the fears of the Juvenile Justice Board as also of the Special Court that the petitioner would slide back to recidivism. The aforesaid apprehension of the courts below are absolutely unfounded.

Apart from this, it has been submitted on behalf of the petitioner / Juvenile that there is no accusation against him and only because of the fact that he has earlier been made accused in some of the cases of similar nature, such an apprehension has been raised and the prayer for release of the petitioner / Juvenile from the Remand Home has been rejected.

It has further been submitted that the father of the petitioner has sworn an affidavit and is ready to again furnish a bond that he shall take good care of his son and in case his son does not abide by his good counsel, he shall report the matter to the concerned Juvenile Justice Board or the local police station.

The petitioner is in Remand Home since 22.03.2019.

Patna High Court CR. REV. No.107 of 2020(3) dt.24-06-2020 3/3 Regard being had to the aforesaid submissions, the petitioner / Juvenile, above-named, is directed to be released from Remand Home on bail on his father furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Gaya in connection with Buniyadganj P. S. Case No. 183 of 2017.

The father of the petitioner shall, at the time of furnishing his bond, furnish a further affidavit stating that he shall take good care of his son and shall keep him away from all bad influences. If he would not be satisfied by the conduct of his son, he shall report the matter to the local police station or to the concerned Juvenile Justice Board. This revision petition stands disposed of accordingly.

(Ashutosh Kumar, J) skm/- U