Patna High CourtCR. REV./514/2019allowed

Nitish Kumar v. The State Of Bihar

2019-06-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.514 of 2019 Arising Out of PS. Case No.-492 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== NITISH KUMAR, Son of Sanjit Singh, Resident of Village - Dawad Nagar Madaripur, P.S. - Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad For the Respondent/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-06-2019 Heard learned counsel for the parties.

This criminal revision has been preferred, under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015, against the order dated 25.03.2019, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur, in Criminal Appeal No. 16 of 2019. The petitioner and co-accused Raja Kumar allegedly attempted to ravish the sister of the informant. Raja Kumar has already been allowed bail by a Bench of this Court vide order dated 07.03.2019 passed in Cr. Appeal (SJ) No. 715 of 2019. Petitioner was declared juvenile on the basis of matriculation certificate by the learned Juvenile Justice Board, Vaishali at Hajipur on 15.12.2018. However, prayer for bail was refused by the learned Juvenile Justice Board as well as the appellate court by the impugned order dated 25.03.2019 passed in Cr. Appeal

Patna High Court CR. REV. No.514 of 2019(5) dt.12-06-2019 2/2 No. 16 of 2019.

Considering the grant of bail to the major accused, having similar allegation, let the petitioner, above named, be released on execution of surety bond of Rs.5,000/- (five thousand) to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Cr. Appeal No. 16 of 2019 arising out of Bidupur P.S. Case No. 492 of 2018, by one of the parents of the petitioner along with affidavit of the parents that they would produce the petitioner during inquiry before the Juvenile Justice Board and shall also ensure proper upkeep of the petitioner. With the aforesaid observation, the impugned order is hereby set aside and this criminal revision stands allowed. (Birendra Kumar, J) Kundan/- U T