Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.367 of 2018 ======================================================

1. Bhim Kumar, son of Anil Sah, resident of Village- Fathehpur, Police Station- Siwan (T), District- Siwan, under the guardianship of Anil Sah Who is his father and natural guardian.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== with Criminal Revision No.513 of 2018 Arising Out of PS.Case No. -345 Year- 2017 Thana -null District- SIWAN ====================================================== Suggi Kumari @ Kajal Kumari .... .... Petitioner/s

Versus

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

(In CR. REV. No.367 of 2018) For the Petitioner/s : Mr. Surendra Kumar Mishra For the Respondent/s : Mr. Sri Umanath Mishra (In CR. REV. No.513 of 2018) For the Petitioner/s : Mr. Angad Kunwar For the Respondent/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2018 Heard learned counsels for the petitioners and the State. Both these Cr. Revisions are against the common order dated 13-03-2018 passed by the learned Additional Sessions Judge-Ist, Siwan in Juvenile Trial No.03 of 2018 read with Siwan Town P.S. Case No. 345 of 2017.

By the impugned order, prayer for bail of the petitioners was refused by the learned Children Court.

Submission of the learned Counsel for the petitioners is

Patna High Court CR. REV. No.367 of 2018 (4) dt.28-05-2018 that similarly situated some adult accused persons have already been allowed bail by different co-ordinate benches of this Court in Criminal Miscellaneous Nos. 57786 of 2017 and 15030 of 2018 by orders dated 12.12.2017 and 17.05. 2018 respectively. He further submits that in the F.I.R, the allegation of commission of assault and murder is general and omnibus against all the named accused persons including the petitioners. Petitioners were declared Juvenile by the learned Juvenile Justice Board. However, considering the maturity of understanding of the petitioners, the J.J. Board referred the matter to the Children Court for trial where the impugned order refusing the prayer for bail was passed.

Considering the entire facts aforesaid, specially, grant of bail to similarly situated adult accused, let the petitioners named above be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Istcum-Special Judge, Juvenile Justice (Care and Protection of Children), Siwan in Juvenile Trial No.03 of 2018 read with Siwan Town P.S. Case No. 345 of 2017.

Accordingly these criminal revisions stand disposed of. (Birendra Kumar, J) A.K.V./- U T