Raj Kumar @ Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1374 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- MASHRAK District- Saran ====================================================== Raj Kumar @ Raja Singh S/o Phulena Singh, R/o Village- Ghoghiya, P.S.- Mashrak, District- Saran under guardianship of his father Phulena Singh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Respondent/s :

Mr.Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 29.09.2018, passed by learned 1st Additional Sessions Judge-Saran at Chapra in Cr. (Juvenile) Appeal No. 63 of 2018, by which, the appeal of the petitioner for grant of bail against the order dated 04.09.2018 of Juvenile Justice Board, Saran in J.J. Board Case No.1403 of 2018 arising out of Mashrakh P.S. Case No. 06 of 2018, has been dismissed.

2/4 Allegation as per FIR is that minor daughter of the informant was missing and later on her dead body was recovered and police during course of investigation arrested one Vinod Singh, who confessed his guilt and also named the petitioner.

Petitioner is not named in the FIR. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Vinod Singh who has already been granted bail vide order dated 05.11.2018 in Criminal Miscellaneous No. 66215 of 2018. Other similarly, situated co-accused persons have also been granted bail by coordinate benches of this Court vide orders dated 19.07.2018 in Criminal Miscellaneous No. 28636 of 2018 and 09.10.2018 in Criminal Miscellaneous No. 41140 of 2018. Petitioner is in custody since 11.10.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear

3/4 that if the petitioner is released, he will be exposed to mental, physical and psychological danger or likely to bring him into association with any known criminal.

Considering the above, this revision application is allowed. The order dated 29.09.2018, passed by learned 1st Additional Sessions Judge-Saran at Chapra in Cr. (Juvenile) Appeal No. 63 of 2018, is set aside. The petitioner, named above, is directed to be released from the Remand Home on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Principal Member, Juvenile Justice Board, Saran, in connection with J.J. Board Case No.1403 of 2018 arising out of Mashrakh P.S. Case No. 06 of 2018 subject to the condition that:- One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the office-in-charge of the concerned police station and further during period of bail,

4/4 the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) ranjan/- U