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Patna High CourtCR. REV./898/2015allowed

Aditya Kumar @ Ravi @ Ravi Kumar v. The State Of Bihar

2016-04-21Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.898 of 2015 ======================================================

1. Aditya Kumar @ Ravi @ Ravi Kumar, son of Rakesh Kumar, Aditya Kumar @ Ravi @ Ravi Kumar is under guardianship of his father Rakesh Kumar, resident of village - Atraulia, Dokra, P.S. - Saraiya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Respondent/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 21-04-2016 Heard learned counsel for the Petitioner and the State.

This revision application has been filed against the judgment dated 19.08.2015 passed by the Sessions Judge, Muzaffarpur, in Cr. Appeal (Juvenile) No.64 of 2015 by which he has dismissed the appeal and affirmed the order dated 24.07.2015 passed by the Juvenile Justice Board, Muzaffarpur, in Kurhani P.S. Case No.180 of 2015.

Considering the undertaking of the Petitioner as also his fair antecedents, let the Petitioner, above named, be released on furnishing bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Muzaffarpur, in connection with Kurhani P.S. Case No.180 of

Patna High Court CR. REV. No.898 of 2015 (3) dt.21-04-2016 2/3 2015, subject to the 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.

The bailors will undertake to furnish information to the court about any change in the 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 bailors shall also state on affidavit that they 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 bond on the 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, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.

Accordingly, the judgment dated 19.08.2015 passed

Patna High Court CR. REV. No.898 of 2015 (3) dt.21-04-2016 3/3 by the Sessions Judge, Muzaffarpur, in Cr. Appeal (Juvenile) No.64 of 2015 as also the order dated 24.07.2015 passed by the Juvenile Justice Board, Muzaffarpur, in Kurhani P.S. Case No.180 of 2015 are hereby set aside.

The application stands allowed.

(Anjana Prakash, J) JA/- U T