Sanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.721 of 2015 =========================================================== Sanjeet Kumar, Son of Ram Awtar Yadav, Resident of Village- Manjhigawan, P.S.- Fatehpur, District- Gaya, under the guardianship of his father Ram Awatar Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the State : Mr. Nityanand, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-10-2015 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the Judgment and order dated 17.8.2015 passed by the Additional Sessions Judge-II, Gaya, in Criminal Appeal (Juvenile) No. 11 of 2015/27 of 2015, by which he has affirmed the order dated 8.7.2015 passed by the Juvenile Justice Board, Gaya, in Civil Lines P.S. Case No. 112 of 2015, G.R. No. 1151 of 2015, by which he has refused to release the Petitioner.
Considering that the Petitioner has fair antecedents and his father undertakes his responsibility, 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 Juvenile Justice Board, Gaya, in connection with Civil Lines P.S. Case No. 112 of
Patna High Court CR. REV. No.721 of 2015 dt.08-10-2015 2/3 2015 subject to the conditions (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the 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 release on the 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 release will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his release will be liable to be cancelled.
Accordingly, the revision application is allowed and the Judgment and order dated 17.8.2015 passed by the Additional Sessions Judge-II, Gaya, in Criminal Appeal (Juvenile) No. 11 of
Patna High Court CR. REV. No.721 of 2015 dt.08-10-2015 3/3 2015/27 of 2015, and the order dated 8.7.2015 passed by the Juvenile Justice Board, Gaya, in Civil Lines P.S. Case No. 112 of 2015, G.R. No. 1151 of 2015, are, hereby, set aside.
In view of the nature of the case, the petitioner is directed to appear before the Head Priest of any local Temple at Gaya, within fifteen days of his release on provisional bail for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioner fails to file certificate about reporting to the Head Priest within two weeks of his release, notice shall be sent to him for cancellation of release. During the period of six months, the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest of any local temple at Gaya, and at the end of the six months, the petitioner will be required to file a certificate of his conduct in the court below granted by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional release granted to the petitioner or else will issue notice for cancellation of release.
(Anjana Prakash, J) S.Ali/- U T