Patna High CourtCR. REV./2/2016allowed

Rahul Kumar @ Suiya v. The State Of Bihar

2016-05-17Justice Smt. Anjana Prakash2 pages

Patna High Court CR. REV. No.2 of 2016 dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.2 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- JEHANABAD ===========================================================

1. Rahul Kumar @ Suiya son of Sri Kamlesh Ram@Kamlesh Prasad VillageNauru, P.S Parasbigha, District Jehanabad through his natural Guardianship (Fahter) Kamlesh Ram @Kamlesh Prasad S/o Sahdeo Ram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-05-2016 The petitioner seeks revision of the order dated 7.11.2015 passed by the Sessions Judge, Jehanabad in Cr. Appeal No. 27 of 2015 affirming the order dated 10.08.2015 passed by the Juvenile Justice Board, Jehanabad in G.R. No. 1670 of 2014. Considering the facts of the case 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, Jehanabad in connection with Kako P.S. case No. 109 of 2014 subject to the conditions:

A 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 another bailor will be father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner,

Patna High Court CR. REV. No.2 of 2016 dt.17-05-2016 B. 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 bond on the ground of misuse, C. 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.

D. 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.

The revision application stands allowed and the order dated 7.11.2015 passed by the Sessions Judge, Jehanabad in Cr. Appeal No. 27 of 2015 affirming the order dated 10.08.2015 passed by the Juvenile Justice Board, Jehanabad in G.R. No. 1670 of 2014, is hereby set aside.

(Anjana Prakash, J) Prakash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.05.2016 Transmission Date 19.05.2016