Ranjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.175 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== Ranjit Kumar Singh @ Ranjeet Kumar Singh @ Ranjit Kumar (male), minor aged about 14 years, Son of Bharat Singh natural guardian mother Visamadho Devi @ RekhaDevi (Female), aged about 36 years, Wife of Bharat Singh, Resident Of Village- Uttampur, Po- Hethua, PS- Rajpur, Distt- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Kumari (Female), minor aged about 15 years, Daughater and Guardian Ishwar Chandra Singh, Resident of Village- Uttampur, Po- Hethua, P.S.- Rajpur, Distt- Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nil Kamal, Advocate For the Respondent/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2024 Heard the parties.

2. This Revision Application is being filed on behalf of the Juvenile petitioner through his mother natural guardian for release from Judicial custody of the Remand Home, Jehanabad in connection with JJB Case No. 338 of 2023 (Arising out of Buxar Mahila P.S. Case No. 60 of 2023) instituted u/s 366A, 376, 506, 34 of the I.P.C. and Section 4 of POCSO Act.

3. As per the prosecution case, the petitioner is said to have eloped with the victim girl who is minor.

4. Learned counsel for the petitioner has submitted that the petitioner has been held to be juvenile and on the date of

Patna High Court CR. REV. No.175 of 2024(4) dt.06-05-2024 2/3 occurrence he has been assessed to aged about 14 years.

5. Learned counsel for the petitioner further relies upon the provisions of the Section 3(i)(iv),(v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015. He also relies upon Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and has submitted that bail is a rule and denial of bail to a juvenile is an exception. 6.He further submits that though the petitioner is in conflict in law but he has remained in jail since 28.10.2023 and the court below has not considered the law with regard to the release of juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015.

7. Learned counsel for the petitioner further submits that family members of the petitioner including the father of the petitioner will take care of the petitioner so that he may not do any further crime and he may not remain in the company of the criminals.

8.Considering the aforesaid facts, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned court of

Patna High Court CR. REV. No.175 of 2024(4) dt.06-05-2024 3/3 Additional District and Sessions Judge-1st-cum-Special Judge (SC/ST-cum-Children Court), Buxar, District-Buxar, subject to the following conditions:- (i) that one of the bailors should be the father of the petitioner.

(ii) that the father of the petitioner shall be an affidavit before the concerned Court below, giving specific undertaking that after release of the petitioner on bail, he will take proper care of the petitioner and will not allow him fall into bad company.

(Sandeep Kumar, J) lata/- U T