Vijay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.590 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -null District- BUXAR ===========================================================

1. Vijay Ram son of Amrit Ram Resident of Mohalla- Nehru Nagar, Buxar, Police Station- Buxar(T), District- Buxar under the guardianship of his mother Manorama Devi wife of Amrit Ram, resident of Nehru Nagar, Buxar, Police Station Buxar (T), District Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath, Advocate For the Respondent/s : Mr. Kanhaiya Kishore, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-10-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 1.6.2015 passed by the Sessions Judge, Buxar in Criminal Appeal (J) No.21 of 2015, by which he has affirmed the order dated 16.2.2015 passed by the Juvenile Justice Board, Buxar in J.J.B. No.630 of 2014 arising out of Buxar Town P.S. case No.109 of 2014, by which he has refused to release the Petitioner. Considering that the Petitioner did not give any confessional statement and the Petitioner's mother undertakes his responsibility, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the

Patna High Court CR. REV. No.590 of 2015 dt.29-10-2015 2/3 like amount each to the satisfaction of learned Juvenile Justice Board, Buxar in connection with J.J.B. No.630 of 2014 arising out of Buxar Town P.S. case No.109 of 2014, subject to the conditions (i) That one of the bailor shall be the mother of the Petitioner and the other 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.

(ii) 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 bail on ground of misuse, (iii) 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, (iv) 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 dated 1.6.

2015 passed by the Sessions Judge, Buxar in Criminal Appeal (J) No.21 of 2015 as also the order dated 16.2.2015 passed by the Juvenile Justice Board, Buxar in J.J.B. No.

Patna High Court CR. REV. No.590 of 2015 dt.29-10-2015 3/3 arising out of Buxar Town P.S. case No.109 of 2014 is, hereby, set aside.

In view of the antecedents of the Petitioner, Counsel for the petitioner submits that the petitioner has been repeatedly implicated in cases on account of the hostile attitude of the police and wishes to regain his self esteem, for this reason the petitioner volunteers to report to the Head Priest of local temple at Buxar within 15 days of his release with a copy of this order. The Head Priest is requested to evolve the petitioner on fruitful activities for the next six months and in case the petitioner's conduct is in any way found not satisfactory, a report will be made to the court concerned, who will proceed for cancellation of bail after calling for a report about the petitioner's conduct.

(Anjana Prakash, J) Narendra/- U T