Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1059 of 2017 ====================================================== Deepak Kumar, Son of Late Krishna Singh, Reident of Village- Rupaspur, Police Station- Alipur, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2018 The petitioner, who is a juvenile has approached this Court through his mother for his release from remand home where he has been lodged in connection with Kurtha P.S. Case No. 167 of 2016 dated 21.10.2016, instituted for the offence under Section 392 of the Indian Penal Code.

The petitioner has been assessed as juvenile by the Juvenile Justice Board and his age as on the date of occurrence has been found to be less than seventeen years. It has further been submitted on behalf of the petitioner/juvenile that the F.I.R of the case was registered against unknown and during the course of investigation, one Ranjit Kumar was arrested. The name of the petitioner transpired in the confession of the aforesaid Ranjit

Patna High Court CR. REV. No.1059 of 2017 (4) dt.29-01-2018 2/3 Kumar. It has further been submitted that the petitioner/juvenile, prior to his being made accused in the present case was also accused in another case, but he has been granted bail in that case. There is nothing on record to suggest that if the petitioner is released from the remand home, he is likely to get into the association of known criminals and that his release would expose him to moral, physical and psychological danger thereby defeating the ends of justice.

The petitioner/juvenile is in remand home since 31.03.2017. The mother of the petitioner/juvenile has assured that good care shall be taken of the petitioner.

For the reasons aforesaid, the order dated 17.06.2017 passed by the Juvenile Justice Board, Jehanabad, rejecting the prayer of the petitioner/juvenile for being released from juvenile home as well as the order dated 20.09.2017 passed by the learned 1st Additional Sessions Judge, Jehanabad in Cr. Appeal No. 49 of 2017, Trial. No. 32 of 2017, affirming the aforesaid order, are set aside.

The petitioner/juvenile, above named, is directed to be released on his furnishing bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Jehanabad in

Patna High Court CR. REV. No.1059 of 2017 (4) dt.29-01-2018 3/3 connection with G.R. No. 813 of 2016/ER No. 232(J)/2017, arising out of Kurtha P.S. Case No. 167 of 2016. The present revision petition is accordingly allowed.

(Ashutosh Kumar, J) Shageer/- U T