Patna High CourtCR. REV./837/2018allowed

Dilkhush Kumar v. The State Of Bihar

2018-09-17Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.837 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA ===========================================================

1. Dilkhush Kumar, S/o Sri Devniti Yadav, Resident of Village- Chukti, P.S.- Mansi, District- Khagaria. Through his Father Namely Devniti Yadav, S/o Jeetan Yadav, Resident of Village- Chukti, P.S.- Mansi, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Anand. Mr. Binod Kumar, Adv.

For the Respondent/s : Mr. Ajay Kumar Jha., APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date: 17-09-2018 Heard the parties.

The present revision application has been preferred by the petitioner against the order, dated 30.06.2018, passed by the learned learned Additional Sessions Judge -Ist- cum- Special Judge, Khagaria, in Criminal Appeal No. 6/2018, by which, he has confirmed the order dated 07.02.2018 passed in Mansi P.S. Case No. 284 of 2017 for the alleged offences under Sections 25(1-B)A, 26 amd 35 of the Arms Act, by Juvenile Justice Board, Khagaria, by which, the application for grant of bail of the petitioner was rejected. There is no dispute that the petitioner is a child in conflict with law within the meaning of Section 2(13) of Juvenile Justice (Care and Protection of Children) Act, 2015. Learned counsel for the petitioner has submitted that in view of the mandate under

Patna High Court CR. REV. No.837 of 2018 dt.17-09-2018 2/3 Section 12 of the Act, a child in conflict with law, is entitled to be released on bail unless the ground(s) referred to in proviso to Section 12(1) of the Act, exists/exist. He has submitted that though it has been mentioned in the impugned order that the petitioner's release is likely to expose him to moral, physical and psychological danger, no material has been referred in the said order, which is the basis for reaching the said conclusion by learned Court below.

Patna High Court CR. REV. No.837 of 2018 dt.17-09-2018 3/3 psychological danger or that his release would defeat the ends of justice"

In view of the above, this application is allowed. The order, dated 30.06.2018, passed in Criminal Appeal No. 6/2018 by the learned Additional Sessions Judge -Ist- cum- Special Judge, Khagaria , is set aside. The petitioner, above named, is directed to be released from the remand home on his furnishing bail bond of Rs. 10,000 /- (Rs. Ten Thousand)/- with two sureties of like amount each to the satisfaction of the Juvenile Justice Board, Khagaria, in connection with Mansi P.S. Case No. 284 of 2017 subject to the condition that:- One of the bailors of the petitioner shall be his father or mother, who at the time of filing of the bonds, shall also give an undertaking that they will take good care of the petitioner and in case petitioner does not act as per their advice, they shall report the matter to the office - in - charge of the concerned police station. This revision application stands allowed.

(Vinod Kumar Sinha, J) sunil/- AFR/NAFR NAFR CAV DATE N/A Uploading Date24.09.2018 Transmission Date 24.09.2018