Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.732 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== NITESH KUMAR S/O PRAMOD PASWAN R/o village- Sundarpur, P.S.- Sheohar, District- Sheohar. Under Guardianship of his Mother Dharamshila Devi aged about 42 years (Female) W/o Pramod paswan, R/o villageSundarpur, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Respondent/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

This criminal revision application has been preferred against the judgment dated 09.10.2021 passed in Criminal Appeal No.26 of 2021, whereby and whereunder the learned 1st Additional Sessions Judge-cum-Special Judge (Children's Court), Sitamarhi has affirmed the order dated 18.08.2020 whereby learned Juvenile Justice Board, Sitamarhi has rejected the prayer for bail of the petitioner in connection with Juvenile Justice Board case No.1314 of 2021 arising out of Belsand P.S.

2/6 case No.54 of 2021 (G.R. No.2261 of 2021) registered for the offences under Section 392 of the Indian Penal Code. The prosecution case, in brief, is that three unknown miscreants looted away Rs.33,480/- of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.07.2021. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case on self confession recorded under Section 161 of Cr.P.C. made before the police. Same is not an admissible evidence in the eye of law. There is no recovery of any incriminating article from the possession of the petitioner.

The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Learned counsel for the petitioner further submits that the mother of the petitioner is ready to furnish an undertaking that while on bail, she will not allow the petitioner to associate with criminals or anti-social elements. The petitioner has relied upon the judgment of Lalu Kumar and Ors. Vs.

3/6 the scope of Section 12 of the Juvenile Justice Act, 2015 in paragraph No.84 of the judgment has observed the following: "84. While interpreting Section 12, the Board is duty bound to be guided by the fundamental principles enumerated in Section 3 of the Act of 2015, specially the principles of 'best interest', 'repatriation' and 'restoration' of child. The fundamental principles in Section 3(xii) provides that a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. The gravity and nature of the offence are immaterial for consideration of bail under the Act of 2015. As per Section 12 of the Act of 2015, an application for bail is not decided by reference to classification of offences, as bailable or nonbailable under the Cr.P.C. All persons alleged to be in conflict with law and apparently a child when apprehended must be released except in the following three circumstances when there is reasonable ground for believing that:- (i) The release is likely to bring that person into association with any known criminal;

(ii) The release is likely to expose the said person to moral or psychological danger; and (iii) The release would defeat the ends of justice."

Learned A.P.P. for the State is present and has

4/6 opposed the prayer for bail of the petitioner. Having regard to the facts and circumstances of the case, Social Investigation Report of the petitioner was called for from the concerned Probation Officer, The Probation Officer in his report has reported that the neighbours have not stated anything adverse against the petitioner or his family members. The petitioner has cordial relationship with his parents and other family members. It has further been reported that the petitioner may be given an opportunity for reformation by releasing him in the custody of his parents. Further the report does not reveal that there is any material to substantiate that in the event of grant of bail, the petitioner is likely to go into association of known criminals or any anti-social elements.

The law requires that reasonable grounds should be there for believing that in the event of grant of bail, the petitioner would go into association of any 'known criminal' or exposed to moral, physical and psychological danger or the release of the person would defeat the ends of justice. There is no reference of any known criminal nor there is any other substantive material for the conclusion as recorded by the Court below.

Considering the facts and circumstances of the case as

5/6 well as the findings of the Probation Officer in the Social Investigation Report of the petitioner and the proposition of law as stated above, this criminal revision application is allowed and the judgment dated 09.10.2021 passed in Criminal Appeal No.26 of 2021 by the learned 1st Additional Sessions Judgecum-Special Judge (Children's Court), Sitamarhi and the order dated 18.08.2020 passed by the learned Juvenile Justice Board, Sitamarhi in connection with Juvenile Justice Board case No.1314 of 2021 arising out of Belsand P.S. case No.54 of 2021 (G.R. No.2261 of 2021), are set aside.

Let the petitioner, who has already been declared juvenile by the learned Juvenile Justice Board, be released in favour of mother on execution of surety bond of Rs.10,000/- (Rupees ten thousand) to the satisfaction of learned Juvenile Justice Board, Sitamarhi in connection with Juvenile Justice Board case No.1314 of 2021 arising out of Belsand P.S. case No.54 of 2021 (G.R. No.2261 of 2021), with the condition that the mother of the petitioner shall furnish an undertaking that while the petitioner is on bail, she will not allow the petitioner to come in company/association with any criminal or anti social elements that she will take proper care of the petitioner. Further the petitioner will be produced as and when required by the

6/6 Court below and shall co-operate during the trial. (Sudhir Singh, J) Narendra/- U T