Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.23 of 2018 ===================================== Saurav Kumar, S/o Umesh Singh, Resident of VillageRamdiri, Nakti Tola, Chaudhary Patti, P.S.-Matihani, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Respondent/s : Mr. Sri Ram Bilash Roy Raman ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-04-2018 The petitioner, who is a juvenile, has approached this Court through his father for his release from the remand home where he has been lodged since 01.05.2017 in connection with Begusarai Town P.S. Case No. 211 of 2017 dated 01.05.2017, instituted for the offences under Sections 109, 115, 120(B) of the Indian Penal Code.

On the date of the occurrence, the age of the juvenile/petitioner was assessed at 17 years. From the perusal of the order passed by the learned Juvenile Justice Board dated 28.08.2017 as also learned Appellate Court dated 06.11.2017, it appears that both the

Patna High Court CR. REV. No.23 of 2018 (5) dt.10-04-2018 2/3 Courts below did not accord any reason for coming to the conclusion that the release of the juvenile/petitioner from the remand home would not be for the benefit of the juvenile/petitioner and that there is a possibility of his falling in bad company again. The Social Investigation Report has also not been considered.

Considering aforesaid facts, the order dated 28.08.2017 passed by the learned Juvenile Justice Board in J.J.B. Case No. 76 of 2017, arising out of Begusarai Town P.S. Case No. 211 of 2017, rejecting the prayer of the petitioner/juvenile for being released from juvenile home as well as the order dated 06.11.2017 passed by the learned District & Sessions Judge, Begusarai in Cr. Appeal No. 87 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 learned Principal Magistrate, Juvenile Justice Board, Begusarai in connection with J.J.B. Case No. 76 of 2017, arising out of Begusarai Town P.S. Case No. 211 of 2017, G.R. No. 1419 of 2017.

One of the bailors shall be the father of the petitioner, who at the time of filing of his bonds shall furnish an undertaking that he shall take good care of his son and shall

Patna High Court CR. REV. No.23 of 2018 (5) dt.10-04-2018 3/3 report about any disobedience of his son to the Officer-incharge of the concerned Police Station. The present revision petition is accordingly allowed. (Ashutosh Kumar, J) Shageer/- U T