Patna High CourtCR. REV./66/2015allowed

Ravi Prakash v. The State Of Bihar

2015-03-19Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.66 of 2015 Arising Out of PS.Case No. -89 Year- 2014 Thana -Chhatauni DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Ravi Prakash Son of Mahesh Prasad Kushwaha, under the guardianship of Mahesh Pd. Kushwaha, the father, resident of village - Pipra, P.S. - Darpa, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad, Advocate For the Respondent/s : Dr. M.K. Gautam, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-03-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 9.12.2014 passed by the Sessions Judge, East Champaran, Motihari in Criminal Appeal (Juvenile) No.113 of 2014/ 177 of 2014, by which he has affirmed the order dated 12.11.2014 passed by the Juvenile Justice Board, Motihari in Chhatauni P.S. case No.89 of 2014, by which he has refused to release the Petitioner.

The petitioner seeks release in Chhatauni P.S. case No.89 of 2014 on the ground that apart from confessional statement of the coaccused there is no other material against him. Also his cousin brother

Patna High Court CR. REV. No.66 of 2015 dt.19-03-2015 2/3 Prem Kumar undertakes his responsibility.

Considering the aforesaid facts, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, East Champaran, Motihari in connection with Chhatauni P.S. case No.89 of 2014, subject to the conditions (i) That one of the bailor shall be Prem Kumar, cousin brother 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.

Patna High Court CR. REV. No.66 of 2015 dt.19-03-2015 3/3 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 judgment and order dated 9.12.2014 passed by the Sessions Judge, East Champaran, Motihari in Criminal Appeal (Juvenile) No.113 of 2014/ 177 of 2014 as also the order dated 12.11.2014 passed by the Juvenile Justice Board, Motihari in Chhatauni P.S. case No.89 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T