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Patna High CourtCR. REV./99/2015allowed

Rajan Kumar Mahto @ Rajan Kumar v. The State Of Bihar

2015-03-19Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.99 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -Sahodara DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Rajan Kumar Mahto @ Rajan Kumar Son of Nepali Mahton @ Nepali kumar Mahto, Resident of vill-Jamuniya, P.S-Sahodara, Distt.-West Champaran, through his father Nepali Mahto @ Nepali Kumar Mahto, S/O Sukhdeo Mahto, Resident of vill-Jamuniya, P.S-Sahodara, Distt.-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s : Mr. C. Jawahar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-03-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 6.1.2015 passed by the Sessions Judge, Bettiah, West Champaran in Criminal Appeal No.85 of 2014, by which he has affirmed the order dated 22.11.2014 passed by the Juvenile Justice Board, Bettiah in Trial No.562 of 2014 arising out of Sahodara P.S. case No.45 of 2014, by which he has refused to release the Petitioner.

The petitioner seeks release in Trial No.562 of 2014 arising out of Sahodara P.S. case No.45 of 2014. It is apparent from the First Information Report that the

Patna High Court CR. REV. No.99 of 2015 dt.19-03-2015 2/3 girl and the boy were in affairs and thereafter the parents did not accede to the demands of marriage and hence the present case was instituted.

Considering the aforesaid facts, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, West Champaran, Bettiah in connection with Trial No.562 of 2014 arising out of Sahodara P.S. case No.45 of 2014, subject to the conditions (i) That one of the 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.

Patna High Court CR. REV. No.99 of 2015 dt.19-03-2015 3/3 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. Accordingly, the revision application is allowed and the judgment and order dated 6.1.2015 passed by the Sessions Judge, Bettiah, West Champaran in Criminal Appeal No.85 of 2014 as also the order dated 22.11.2014 passed by the Juvenile Justice Board, Bettiah in Trial No.562 of 2014 arising out of Sahodara P.S. case No.45 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T