Patna High CourtCR. REV./325/2015allowed

Arbind Kumar Sharma v. State Of Bihar And ANR

2015-06-25Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.325 of 2015 Arising Out of PS.Case No. -121 Year- 2014 Thana -null District- WESTCHAMPARAN(BETTIAH) =========================================================== Arbind Kumar Sharma son of Sri Suresh Sharma @ Sri Suraj Sharma, resident of village- Raibarwa, P.S.-Sathi, District- West Champaran, through his father and natural guardian Sri Suresh Sharma @ Sri Suraj Sharma son of Late Shankar Thakur, resident of village- Raibarwa, P.S.-Sathi, District-West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Union of India through Inspector General, SSB, Frontier Head Quarters, Patna.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Ram Sumiran Rai, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 25-06-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the order dated 20.3.2015 passed by the Sessions Judge, West Champaran, Bettiah in Criminal Appeal No.09 of 2015, by which he has affirmed the order dated 24.2.2015 passed by the Principal Magistrate, Juvenile Justice Board, West Champaran, Bettiah in Juvenile Justice Board Trial No.384 of 2015 arising out of Sathi P.S. case No.121 of 2014, by which he has refused to release the Petitioner.

The petitioner seeks release in Juvenile Justice Board Trial No.384 of 2015 arising out of Sathi P.S. case No.121 of 2014.

Patna High Court CR. REV. No.325 of 2015 dt.25-06-2015 Considering that the Petitioner's father undertakes his responsibility and he is in custody since 7.7.2014 having fair antecedents, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, West Champaran, Bettiah in Juvenile Justice Board Trial No.384 of 2015 arising out of Sathi P.S. case No.121 of 2014, subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor 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 address of the petitioner.

Patna High Court CR. REV. No.325 of 2015 dt.25-06-2015 liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. Accordingly, the revision application is allowed and the order dated 20.3.2015 passed by the Sessions Judge, West Champaran, Bettiah in Criminal Appeal No.09 of 2015 as also the order dated 24.2.2015 passed by the Principal Magistrate, Juvenile Justice Board, West Champaran, Bettiah in Juvenile Justice Board Trial No.384 of 2015 arising out of Sathi P.S. case No.121 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T