Patna High CourtCR. REV./948/2017bail granted

Niraj Tanti @Niraj Kumar Tanti v. The State Of Bihar

2018-01-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.948 of 2017 ====================================================== Neeraj Tanti @ Niraj Kumar Tanti, S/o Late Umashankar Tanti, R/o VillParra, P.O.-Saraunja P.S.-Virpur, Dist.-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Anshu Raj Singh, Advocat.

Mr. Sumit Kumar Jha, Advocate.

For the Respondent : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-01-2018 Heard the learned counsels for the petitioner and the State.

The juvenile who has come through his elder brother seeks his release in connection with Birpur P.S. Case No. 14 of 2017 dated 15.02.2017 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

By order dated 07.06.2017, the petitioner was declared a juvenile by the Juvenile Justice Board, Begusarai. The juvenile along with another is alleged to have assaulted the grandson of the informant. When they were asked the reason for assaulting the grand-son of the informant, the husband of the informant was also assaulted by the juvenile and his associate, as a result of which he fell down and died almost instantaneously. The

Patna High Court CR. REV. No.948 of 2017 (7) dt.19-01-2018 cause of death appears to be head injury.

It does not appear from the records of the case that if the juvenile is released, there would be likelihood of his coming in association with any known criminal or exposing him to any moral, physical or psychological danger. The occurrence is said to have taken place in a fit of tamper and does not disclose such criminality on the part of the juvenile so as to keep him in remand home for a continued period.

The juvenile is in remand home since 20.02.2017 and there is no social investigation report on record regarding any danger for the future career of the juvenile, in case he is released. Considering the nature of accusation and the age of the juvenile, the juvenile/petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Member, Juvenile Justice Board, Begusarai in connection with Birpur P.S. Case No. 14 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T