Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.252 of 2022 Arising Out of PS. Case No.-124 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== Raja Kumar Son of Chunna Prasad R/O Mohalla- Brahamani Ghat, P.S.- Vishnupad, District- Gaya, Under Natural Guardianship of His Father Chuna Prasad Son of Shankar Lal R/O Mohalla- Brahamani Ghat, P.S.- Vishnupad, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arya Achint, Adv.

For the Respondent/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2022 Heard Mr. Arya Achint, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The prayer for release of the juvenile was earlier rejected by this Court vide order dated 28.06.2021 passed in Cr. Revision No. 223 of 2021.

The prayer for release has been renewed by the juvenile.

Vide order dated 11.05.2022, this Court had directed the juvenile court to ask for a fresh assessment of the juvenile regarding his conduct for all this while in the place of safety and whether it would be appropriate and safe for him to be released from there during the pendency of the trial.

Patna High Court CR. REV. No.252 of 2022(4) dt.29-06-2022 2/3 The report has been received and kept at Flag-C. The report indicates that the juvenile has been a member of the cleanliness drive in place of safety and follows the rules of the institution and has obeyed the employees at all times. There has been no complaint against him regarding his conduct by the inmates of the place of safety. He has also participated positively in the national and other festivals and has remained cooperative with regard to other inmates and is optimistic towards his future.

Considering the aforesaid report regarding the conduct of the juvenile in the place of safely and further taking into account that he has remained there since 17.09.2020 and the trial has not yet been concluded, this Court is inclined to direct for release of the juvenile.

Let the juvenile be released from the place of safety on his father furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Children Court), Gaya in connection with Juvenile Trial No. 07 of 2021 arising out of Vishnupad P.S. Case No. 124 of 2020.

The father of the juvenile is also directed to keep a close watch on the conduct of the juvenile and ensure his

Patna High Court CR. REV. No.252 of 2022(4) dt.29-06-2022 3/3 presence at the trial. While furnishing his bonds, he shall provide his telephone/mobile number and shall keep such number operative till the conclusion of the trial. Should he detect any sign of recidivism in his son, he ought to report the matter promptly to the Officer-in-charge of the concerned police station.

The petition stands allowed with the aforenoted directions.

(Ashutosh Kumar, J) rishi/- U T