Manna Kumar @ Mannu @ Manyu @ Mannu Kumar @ Mennu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.902 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MADHEPURA =========================================================== Manna Kumar @ Mannu @ Manyu @ Mannu Kumar @ Mennu Kumar Son of Shekha Devi, Wife of Bhutku Sharma Resident of Village Morsanda, P.S. Chousa, District - Madhepura. Petitioner residing under natural guardianship of his mother Shekha Devi.
.... .... Petitioner
Versus
The State of Bihar .... .... Respondent =========================================================== Appearance :
For the Petitioner :
Mr. Shailendra Kumar Singh, Advocate For the State :
Mr. Ajay Kumar No.1, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 13-10-2017 Counsel for the petitioner is directed to correct the provision of law in course of the day.
2. This revision application is directed against order dated 26.07.2017, passed by learned Sessions Judge, Madhepura in Criminal Appeal No.25 of 2017 whereby upholding the order dated 09.06.2017 of the Juvenile Justice Board, Madhepura by which the Board has rejected the prayer of bail of the petitioner, a juvenile, in conflict with law.
3. Learned counsel for the petitioner submits that the allegation is that the informant's son and accused persons all boys aged between 10 to 12 years were playing together and informant's son gave a slap to one of the accused and he called his father. His father turned up there and caught hold the hand of the informant's son and thereafter his two sons including the petitioner assaulted with lathi-danda causing his death.
4. The Court finds the Juvenile Justice Board, Madhepura has
Patna High Court CR. REV. No.902 of 2017 dt.13-10-2017 2 /2 ascertained the age of the petitioner on the day of alleged occurrence only 10 years and 4 months approximately. The rejection order either of the Board or of the learned Sessions Judge do not disclose that the petitioner is in association of any known criminals or any adverse remark given in social investigation report for denying the privilege of bail to the juvenile in conflict with law. It goes without saying that the gravity of the offence is no consideration for rejection of the bail to a juvenile and only on that ground the bail was refused, so the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Madhepura in connection with Chausa P.S. Case No.44 of 2015, giving rise to J.J.B. No.19 of 2017 (G.R. No.343 of 2015) with condition that the mother of the petitioner will be will be one of the bailors who will file an undertaking to keep her son in proper care and supervision.
5. The criminal revision application stands allowed. (Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.10.2017 Transmission Date 18.10.2017