Mohammad Seraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.941 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== Mohammad Seraj, under guardian/ S/O Mohammad Juman @ Juman Mian, Resident of Village- Navanagar, Police Station- Navanagar, District- Buxar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Respondent/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT Date : 17-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

2. The present revision application has been filed for setting aside the judgment/order dated 14th June,2019 passed by Sri Jitendra Kumar Dubey, learned Additional District & Sessions Judge 1st Cum Special Judge, Buxar in Cr. Appeal No.30 of 2019/C.I.S. No.30 of 2019, whereby the appeal filed by the petitioner has been dismissed vide order dated 14.06.2019 showing no illegality in the impugned order dated 14.05.2019 passed by J.J.B., Buxar in J.J.B. Case No.530/19.

3. Learned counsel for the petitioner submits that the present petitioner is a juvenile and his age has been determined by the J.J.B., Buxar, vide order dated 12.04.2019 in J.J.B. No.530/19,

Patna High Court CR. REV. No.941 of 2019 dt.17-02-2020 2/3 to be 13 years 01 month 15 days and therefore, a juvenile under the provisions of the Act. Learned counsel for the petitioner submits that since the prayer for bail of the petitioner was not considered, he preferred Cr.Appeal No.30 of 2019/C.I.S. No.30/19, but the learned court has rejected the prayer for bail without appreciating the fact that the petitioner is a juvenile and is entitled to be released on bail under the provisions of Section 12 of the J.J. Act, 2015.

4. Having considered the entire facts and circumstances and the nature of allegations and the matter has been compromised between the parties, let the above named petitioner, a juvenile, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge 1stcum-Special Judge, Buxar, in connection with J.J.B. Case No.530/2019, in favour of his father, namely, Mohammad Juman @ Juman Mian, who shall keep him under his guardianship and produce him as and when required and also subject to the condition that one of the bailors of the petitioner shall be his father who at the time of filing of the bonds, shall also give an undertaking that he will take proper care of the petitioner and in case the petitioner does not act as per his advice, he shall report the matter to the Officer-inCharge of the concerned police station and further during the period

Patna High Court CR. REV. No.941 of 2019 dt.17-02-2020 3/3 of bail, the petitioner will be under the supervision of concerned Probation Officer.

5. In the result, the revision application is allowed and the impugned order dated 14th June, 2019 is set aside. (Anjana Mishra, J) PNM AFR/NAFR NAFR CAV DATE N.A.

Uploading Date Transmission Date