Rocky Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1249 of 2017 ======================================================

1. Rocky Kumar Singh S/o Upendra Singh @ Upendra Kumar Singh, R/o Village- Chainpurawa, P.S.- Awtar Nagar, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Respondent/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-02-2018 Heard the counsel for the petitioner.

The juvenile/petitioner has approached this Court through his father for being released from the remand home in connection with Jalalpur P.S. Case No. 154/2017 dated 05.10.2017 instituted for the offences under Sections 393, 413 and 414 of the Indian Penal Code.

It has been alleged against the petitioner/juvenile that he along with 2 others had waylaid the informant and had divested him of Rs. 70,000/-, which he was carrying with him. From the records, it appears that nothing was recovered from the possession of the petitioner. Be that as it may, the petitioner was declared a juvenile on 30.10.2017 and his age was assessed as less than 18 years on the date of occurrence. The social investigation report, however, indicates that the villagers

Patna High Court CR. REV. No.1249 of 2017 (4) dt.06-02-2018 2/3 had complained about the juvenile of having committed crime because of bad association and the Probation Officer has come to the conclusion that the juvenile/petitioner has become a desperate person.

Learned counsel for the petitioner has submitted that the report, however, does not indicate the reasons for coming to the opinion that if the petitioner is released from the remand home, he shall fall in the same bad company and that there is no scope for him now to improve. It has further been submitted that the father of the petitioner is ready to give an undertaking that he shall take good care of his son and in case of his son not following his advise, he shall immediately repot the matter to the Officer Incharge of the concerned police station. Regard being had to the fact that all other accused persons have been granted bail and that the petitioner is in remand home since 05.10.

2017 and according to his father, he has shown sign of improvement, he is directed to be released from the remand home, subject to 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, Chapra in connection with Jalalpur P.S. Case No.

Patna High Court CR. REV. No.1249 of 2017 (4) dt.06-02-2018 3/3 of filing his bond he would file an undertaking along with the bonds that he shall keep the juvenile under proper care and supervision.

The revision application is allowed.

(Ashutosh Kumar, J.) Rakhi U T