Dharam Kumar Ram @ Dharam Kumar @ Dharm Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1356 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Dharam Kumar Ram @ Dharam Kumar @ Dharm Kumar Ram Son of Ashok Ram @ Ashok Das. through his father and natural guardian,namely,Ashok Ram @ Ashok Das Resident of Village-Agapur,P.S. Mansurchak,Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 08.10.2018 passed by learned Additional Sessions Judge-1, Lakhisarai in Cr. Appeal No. 47 of 2018 and also order dated 23.08.2018 passed by Juvenile Justice Board, Lakhisarai in kajra P.S. Case No. 34/18 (G.R. No. 791/18) Informant has alleged that petitioner alongwith other co-accused used to tease her daughter and also alleged that petitioner with the help of co-accused kidnapped her minor daughter with intent to marry her.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The girl has been recovered and in her statement

Patna High Court CR. REV. No.1356 of 2018(4) dt.13-02-2019 2/3 under 164 of Cr.P.C. she has not stated anything regarding commission of rape. Petitioner has no criminal antecedent and he is in custody since 22.06.2018.

According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has been further submitted on behalf of the petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger or is likely to bring petitioner into association with any known criminal.

Considering the above, this revision application is allowed. 08.10.2018 passed by learned Additional Sessions Judge-1, Lakhisarai in Cr. Appeal No. 47 of 2018 and also order dated 23.08.2018 passed by Juvenile Justice Board, Lakhisarai in kajra P.S. Case No. 34/18 (G.R. No. 791/18) are set aside. The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board, Lakhisarai, in connection with Kajra P.S. Case No. 34 of 2018 (G.R. No. 791/18), subject to condition that:- One of the bailors of the petitioner shall be his

Patna High Court CR. REV. No.1356 of 2018(4) dt.13-02-2019 3/3 father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the Officer-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) veena/- U T