Vikrant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.66 of 2018 ===================================== Vikrant Singh, Son of Harkesh Singh, Resident of VillageBhusaw, P.S.- Thawe, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Harendra Prasad, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-02-2018 The petitioner/juvenile, who has approached this Court through his mother, seeks his release from the remand home where he has been lodged in connection with Siwan Mufassil P.S. Case No. 268 of 2017 instituted for offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that he has remained in remand home since 12.06.2017 and there is nothing on record to suggest that his release would lead to his falling in bad company or being exposed to criminal ways in life. It has also been submitted that the evidence with respect to his implication in this case is also

Patna High Court CR. REV. No.66 of 2018 (4) dt.13-02-2018 2/3 lacking in all respects and he is only said to have been arrested on suspicion. There is no prior history of any criminal act by the petitioner.

It has further been submitted that the mother of the petitioner is ready to undertake before the court below that she would take good care of the petitioner/juvenile, in case he is released from the remand home, during the pendency of the case.

The petitioner was declared a juvenile by order dated 31.08.2017 and his age was assessed as less than 16 years.

Taking into account the aforesaid facts, the judgment dated 19.12.2017, passed by the learned District & Sessions Judge, Siwan in Cr. Appeal No. 64 of 2017, and the order dated 23.09.2017, passed by the learned Juvenile Justice Board, Siwan in Siwan Mufassil P.S. Case No. 268 of 2017, are set-aside.

Considering the aforesaid facts, the petitioner/juvenile, above named, is directed to be released from the remand home on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Siwan, in connection with Siwan Town P.S. Case No. 268 of 2017.

Patna High Court CR. REV. No.66 of 2018 (4) dt.13-02-2018 3/3 One of the bailors shall be the mother of the petitioner, who, at the time of filing of the bonds, shall give an undertaking that she will take good care of the petitioner and in case the petitioner avoids paying heed to her advice, she would report the matter forthwith to the Officer-InCharge of the concerned police station. This revision petition is thus allowed.

(Ashutosh Kumar, J) Praveen-II/- U T