Duldul Yadav @ Sintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.795 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -null District- GAYA ===========================================================
1. Duldul Yadav @ Sintu Kumar son of Adua Yadav @ Kauleshwar Yadav, Resident of village- Khatkachak, P.S.- Vishunupad, District- Gaya under natural guardianship of his father namely Adua Yadav @ Kauleshwar Yadav, Son of Late Bugan Yadav, Resident of village- Khatkachak, P.S.- Vishunupad, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. B.N. Pandey, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-10-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 21.8.2015 passed by the Additional Sessions Judge VI, Gaya in Criminal (Juvenile) Appeal No.12 of 2015/30 of 2015, by which he has affirmed the order dated 26.6.2015 passed by the Juvenile Justice Board, Gaya in Juvenile Misc. case No.54 of 2015 (G.R. No.3755 of 2015) arising out of Magadh Medical P.S. case No.108 of 2014, by which he has refused to release the Petitioner. Considering that the Petitioner has clean antecedents and his father undertakes his responsibility, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand)
Patna High Court CR. REV. No.795 of 2015 dt.29-10-2015 2/3 with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Gaya in connection with Juvenile Misc. case No.54 of 2015 (G.R. No.3755 of 2015) arising out of Magadh Medical P.S. case No.108 of 2014, subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.
(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bond will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.
Patna High Court CR. REV. No.795 of 2015 dt.29-10-2015 3/3 judgment dated 21.8.2015 passed by the Additional Sessions Judge VI, Gaya in Criminal (Juvenile) Appeal No.12 of 2015/30 of 2015 as also the order dated 26.6.2015 passed by the Juvenile Justice Board, Gaya in Juvenile Misc. case No.54 of 2015 (G.R. No.3755 of 2015) arising out of Magadh Medical P.S. case No.108 of 2014 is, hereby, set aside.
(Anjana Prakash, J) Narendra/- U T