Sindhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.386 of 2016 ======================================================

1. Sindhu Kumari, Daughter and under the guardianship of Rameshwar Prasad, Resident of village - Katalpur, P.S. - Baikunthpur, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Singh, Adv. Mr. Arun Kumar Singh, Adv.

For the Respondent/s : Mr. Kumar Ranjit Ranjan (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-12-2016 Heard the parties.

The petitioner is admittedly a juvenile and is an accused in Baikunthpur P.S. Case No. 103 of 2013, registered for the offences punishable under Sections 364 and 201/34 of the Indian Penal Code to which Section 302 of the Indian Penal Code has subsequently been added. Presently the petitioner is in after care home since 22.01.2016. In the said F.I.R., six persons have been named as accused including the parents and brother of the petitioner.

Patna High Court CR. REV. No.386 of 2016 (6) dt.23-12-2016 2/3 The parents have been granted anticipatory bail by this Court in connection with said Baikunthpur P.S. Case No. 103 of 2013. Since the petitioner is a minor, J.E. No. 301 of 2014 has been registered under Juvenile Justice Board, Gopalganj. Her application for release on bail was rejected by an order dated 29.02.2016. Thereafter, she had preferred an appeal in the court of learned Sessions Judge, Gopalganj, which has been dismissed by an order, dated 18.03.2016, passed in Cr. Appeal No. 8 of 2016. Against the said order, dated 18.03.2016, the present revision application, under Section 53 of the Juvenile Justice Act, has been filed.

When the matter was taken up on 24.11.2016, this Court desired to know as to whether enquiry, as contemplated under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been concluded or not. It seems that till date the enquiry has not concluded.

Considering the above, this application is allowed. Let the petitioner, abovenamed, be released on bail on furnishing an affidavit by her father to the effect that he will take all care and protection to ensure safety, security and good behavior of the petitioner. In addition to the affidavit, the father of the petitioner will also be required to furnish personal bond of Rs.

Patna High Court CR. REV. No.386 of 2016 (6) dt.23-12-2016 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Gopalganj, in connection with J.E. No. 301 of 2014. On furnishing of such affidavit and sureties, the petitioner shall be released on bail.

The orders, dated 29.02.2016 and 18.03.2016, are set-aside.

(Chakradhari Sharan Singh, J) Praveen-II/- U T