Vikas Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2150 of 2023 In CRIMINAL REVISION No.57 of 2022 Arising Out of PS. Case No.-361 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== VIKAS PANDEY SON OF TEJ NARAYAN PANDEY UNDER GUARDIANSHIP OF DINESH PANDEY AGED ABOUT 63 YEARS, MALE, S/O BACHCHA PANDEY, R/O BILLAGE TIWARI BELWA, PSKATEYA, DISTT- GOPALGANJ ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Jitendra Kumar Giri For the Respondent/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-07-2023 Heard learned counsel for the appellant and learned Spl. P.P. appearing for the State.

This is an appeal under section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against refusal of the prayer for bail to the appellant by the order dated 18.12.2021 passed by Additional District & Sessions Judge Icum-Special Judge (Juvenile Court), Gopalganj in Kateya P.S. Case No. 361 of 2020.

Learned counsel for the appellant submits that court below has rejected the prayer for bail of the appellant on mere mentioning that in case the juvenile is released on bail there is possibility of the juvenile of again coming under the association of criminals without there being any basis for the same. Learned

Patna High Court CR. APP (SJ) No.2150 of 2023(10) dt.11-07-2023 2/2 counsel further submits that the appellant has been falsely implicated in this case due to some dispute regarding cultivation of land between the parties. The medical examination report also suggested that there is no evidence of sexual assault. Moreover, the social investigation report also mentions that the juvenile needs to be kept under strict vigilance by their parents. The appellant is in custody since 22.10.2020. Considering the submissions made about and the report of the probation officer, the appellant, above named, is directed to be released on bail on execution of surety bond by mother of the appellant giving undertaking that she shall keep proper care and upkeep of the appellant.

The impugned order is set aside and the appeal is allowed.

(Arvind Srivastava, J) mcv/- U T