Patna High CourtCR. REV./1424/2018allowed

Shailesh Kumar @ Saral Teli v. The State Of Bihar

2019-05-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1424 of 2018 Arising Out of PS. Case No.-188 Year-2014 Thana- GARKHA District- Saran ====================================================== Shailesh Kumar @ Saral Teli under the guardianship of their natural mother Smt. Shanti Devi and well wisher, Son of Late Hareshwar Sah, Resident of Village- Bhagwani Chapra, P.S.- Garkha, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh, Adv For the Respondent/s :

Mr.Sri Lalan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-05-2019 Heard learned counsel for the parties.

The petitioner was declared juvenile by the Juvenile Justice Board, Chapra in connection with Garkha P.S.Case No.188 of 2014, a case under Sections 302/34 I.P.C. However, prayer for bail of the petitioner was declined by the learned Juvenile Justice Board as well as learned appellate court in Cr. (Juvenile) Appeal No.46 of 2018.

Contention is that the allegation is based on suspicion and another juvenile-Mantu Shah @ Mantu Kumar Sah has already been allowed bail by a Coordinate Bench of this Court in Cr. Revision No.1440 of 2018.

Considering the facts of this case, let the petitioner, who has already been declared juvenile by the learned Juvenile Justice

Patna High Court CR. REV. No.1424 of 2018 dt.07-05-2019 2/2 Board, be released in favour of either of his parents on execution of surety bond of Rs.5,000/-(Five thousand) to the satisfaction of learned J.J.Board whereever the matter is pending in connection with Garkha P.S.Case No.188 of 2014 corresponding to J.J.B. Case No.1543 of 2018, with condition that they would file undertaking that they shall produce the petitioner before the Board as and when required for enquiry purpose and shall keep proper upkeep and care on the petitioner.

With the aforesaid observation, this criminal revision stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2019 Transmission Date 08.05.2019