Md. Ayub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.788 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Md. Ayub, son of Md. Yunus, resident of village- Bandohri, P.S.- Sherghati, District- Gaya through his natural guardian and father namely Md. Yunus son of Md. Kasibul Rahman, resident of village- Bandohri, P.S.- Sherghati, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tabish Sharfuddin For the Respondent/s :

Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-08-2018 The petitioner seeks his release from remand home where he has been lodged since 03.03.2018 in connection with Sherghati P.S. Case No. 117 of 2018 dated 02.03.2018 instituted for under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506, 302 and 120 (B) of the Indian Penal Code.

The age of the petitioner was assessed to be less than 16 years by the Juvenile Justice Board, Gaya vide order dated 27.03.2018.

By order dated 11.04.2018, the Juvenile Justice Board has rejected the prayer of the petitioner for being released from the remand home and the aforesaid order has been affirmed by the learned appellate court in Cr. Appeal (Juvenile) No. 48 of 2018.

Patna High Court CR. REV. No.788 of 2018(3) dt.03-08-2018 2/3 Both the orders reveal that the petitioner was only a member of the mob and in the social investigation report, there is no adverse entry; rather the report indicates that there is a possibility of false implication of the petitioner.

Considering the nature of accusation against the juvenile/petitioner, the circumstances in which the case was lodged, the period for which he has remained in the remand home and the contents of the social investigation report, this Court deems it appropriate to direct for release of the petitioner from the remand home.

The juvenile/petitioner, above named, is directed to be released from the remand home on furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Gaya in connection with G.R. No. 455 of 2018, arising out of Sherghati P.S. Case No. 117 of 2018.

One of the bailors shall be the father of the petitioner, who at the time of filing his bonds, shall give an undertaking that he shall take good care of his child and in case he finds that the juvenile/petitioner is not responding to his homilies, he shall report the matter straightway to the officer-in-charge of the concerned

Patna High Court CR. REV. No.788 of 2018(3) dt.03-08-2018 3/3 police station.

With the aforesaid observation/direction, the present revision petition is disposed off.

(Ashutosh Kumar, J) krishna/- U T