Anshu Kumar @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.320 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== ANSHU KUMAR @ MONU, aged about 15 years, (M) Son of Manoj Kumar Choudhary, Resident of Village-Sarra Bathnaha, P.S.-Kasba, DistrictPurnea, at present Resident of Mohalla-Bagmara Jheel Tola, P.S.-K.Nagar, District-Purnea, under the guardianship of her mother Meera Devi Wife Manoj Kumar Choudhary, R/o-Sarra Bathnaha, P.S.-Kasba, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Respondent/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 22.01.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Purnea, in Cr. Appeal No. 70 of 2018/CIS No. 70 of 2018 by which, the appeal of the petitioner for grant of bail against the order dated 25.10.2018 of learned Juvenile Justice Board, Purnea in J.J. Board Case No.2261 of 2018 arising out of K. Nagar P.S. Case No. 238 of 2018 has been dismissed. Informant had lodged a complaint in the police station on 29.06.2018 with respect of his brother becoming traceless

Patna High Court CR. REV. No.320 of 2019(2) dt.01-04-2019 2/3 from 18.06.2018. He has not named any person in his complaint. The name of petitioner has surfaced in this case on the basis of confessional statement of his brother Sonu Kumar, his father has also being implicated in this case who has been granted bail by co-ordinate Bench of this Court as contained in Annexure-2 of the petition. Petitioner has got no criminal antecedent and is in custody since 17.07.2018. 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 22.01.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Purnea, in Cr. Appeal No. 70 of 2018/CIS No. 70 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 Juvenile Justice Board, Purnea, in

Patna High Court CR. REV. No.320 of 2019(2) dt.01-04-2019 3/3 connection with J.J. Board Case No.2261 of 2018 arising out of K. Nagar P.S. Case No. 238 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) manoj/- U T