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Patna High CourtCR. REV./7/2016allowed

Tuntun Yadav v. The State Of Bihar

2016-04-08Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.7 of 2016 ====================================================== Tuntun Yadav son of Baudhi Yadav, resident of Village Gajhi, P.S. Chakai, District Jamui, under the guardian of his father Baudhi Yadav, son of Late Degan Yadav, resident of Village Gajhi, P.S. Chakai, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Respondent/s : Mr. R.S. Chaudhary (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 08-04-2016 The petitioner seeks revision of the order dated 24.08.2015 passed by the Juvenile Justice Board, Jamui in Chakai P.S. Case No. 61 of 2014 and Judgment dated 26.09.2015 passed by the District and Sessions Judge, Jamui in Cr. Juvenile Appeal No. 36 of 2015.

In view of the vague nature of allegations against the petitioner, let the petitioner above named, be released on furnishing bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Jamui in connection with Chakai P.S. Case No. 61 of 2014 subject to the conditions:

1. That one of the bailors will be a close relative of the

Patna High Court CR. REV. No.7 of 2016 (4) dt.08-04-2016 2/3 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another will be brother of the petitioner who will undertake to furnish information to the court about any change in the address of the petitioner,

2. 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,

3. That the bailors 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 bond on the ground of misuse,

4. 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.

5. That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.

Accordingly, the revision application stands allowed and the order dated 24.08.2015 passed by the Juvenile Justice Board,

Patna High Court CR. REV. No.7 of 2016 (4) dt.08-04-2016 3/3 Jamui in Chakai P.S. Case No. 61 of 2014 and Judgment dated 26.09.2015 passed by the District and Sessions Judge, Jamui in Cr. Juvenile Appeal No. 36 of 2015, are hereby set aside. (Anjana Prakash, J) Prakash/- U T