Sikandar Tanti @ Sikandar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.174 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== SIKANDAR TANTI @ SIKANDAR KUMAR (M), aged about 17 years, Through his father and natural guadian, Namely, Mahedra Tanti Resident of Village - Bihraura, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Respondent/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.
The present revision application has been preferred by the petitioner against the order dated 13.12.2018, passed by learned Additional District & Sessions Judge-1st-cumSpecial Judge, Lakhisarai in Cr. Appeal No. 60 of 2018, by which, the appeal of the petitioner for grant of bail against the order dated 26.11.2018 of Juvenile Justice Board, Lakhisarai in Lakhisarai (Ramgarh Chowk), P.S. Case No. 244 of 2018 has been dismissed.
Informant who is the father of the victim girl has alleged that on 13.05.2018 when her daughter Chandani Kumari had gone outside the house, petitioner along with FIR named accused persons allured her and took her to solemnize marriage. It has been submitted on behalf of the petitioner that
Patna High Court CR. REV. No.174 of 2019(2) dt.14-02-2019 2/3 he is innocent and has been falsely implicated in this case due to village politics. Statement of the victim girl has been recorded under Section 164 of Cr.P.C in which she had stated that she had gone with the petitioner with her own volition and sweet will. Petitioner has got no criminal antecedent and is in custody since 16.05.2018.
According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger or is likely to bring him into association with any known criminal.
Considering the above, this revision application is allowed. The order dated 13.12.2018, passed by learned Additional District & Sessions Judge-1st-cum- Special Judge, Lakhisarai in Cr. Appeal No. 60 of 2018, is set aside. The petitioner, named above, is directed to be released from the Remand Home on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Lakhisarai, in connection with Lakhisarai
Patna High Court CR. REV. No.174 of 2019(2) dt.14-02-2019 3/3 (Ramgarh Chowk), P.S. Case No. 244 of 2018 subject to the condition that:- One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the office-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.
This revision application stands allowed.
(S. Kumar, J) ranjan/manojU T