Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.836 of 2015 ====================================================== Mantu Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajni Kant Jha For the Respondent/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 17-03-2016 The petitioner seeks revision of the order dated 19.08.2015 passed by the Sessions Judge, Gaya in Cr. Appeal (Juv) No. 36 of 2015 and order dated 30.07.2015 passed by the Juvenile Justice Board, Gaya in Misc. Case No. 42 of 2015 arising out of Barachatty P.S. Case No. 74 of 2015. Considering that the victim is adult and she says that the cousins of the petitioner had left her at police station, 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, Gaya in connection with Barachatty P.S. Case No. 74 of 2015 subject to the conditions:

1. 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner,

2. That the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail,

3. That the bailors 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,

4. 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.

5. 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 19.08.2015 passed by the Sessions Judge, Gaya in Cr. Appeal

(Juv) No. 36 of 2015 and order dated 30.07.2015 passed by the Juvenile Justice Board, Gaya in Misc. Case No. 42 of 2015 arising out of Barachatty P.S. Case No. 74 of 2015, is hereby set aside. (Anjana Prakash, J) Prakash/- U T