Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.764 of 2021 Arising Out of PS. Case No.-331 Year-2021 Thana- HISUWA District- Nawada ====================================================== XXX, Son of Sri Vinod Prasad Resident of Village - Sonsa, P.S. - Hisua, District - Nawada represented through his natural guardian father namely Vinod Prasad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kr Sinha No.2, Adv.

For the Respondent/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-06-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking setting aside of the order dated 08.09.2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in Criminal Appeal (J) No.25/2021 whereby the learned judge confirmed the order dated 02.08.2021 passed y the Juvenile Justice Board, Nawada in J.I.N. 829/2021 (arising out of Hisua P.S. Case No.331 of 2021) whereby and whereunder the prayer for bail of the petitioner has been rejected. Learned counsel for the petitioner submits that as per

Patna High Court CR. REV. No.764 of 2021(3) dt.22-06-2022 2/3 the prosecution story, on 22.06.2021 when the informant was alone in her house at about 4.00 pm the petitioner entered in the house of the informant and forcibly brought her in the house with bad intention. It is alleged that thereafter informant started shouting in the meantime her sister-in-law (Bhabhi) came there. It is alleged that on seeing the sister-in-law of the informant the petitioner left the informant and fled away after pushing her sister-in-law due to which she fell down and sustained injuries. Learned counsel for the petitioner submits that the petitioner has been adjudged juvenile aged about 12 years and is a student of Class-VII. Learned counsel submits that the petitioner has no criminal antecedent and at this stage his father is ready to stand as surety and to furnish an undertaking that if released on bail he will ensure that the petitioner does not fall in the bad company and indulge in any indecent act with the victim girl.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Having regard to the submissions that the petitioner has been adjudged juvenile aged about 12 years and is a student of Class-VII, he has no criminal antecedent, in the nature of the allegations in the present case when his father is ready to stand

Patna High Court CR. REV. No.764 of 2021(3) dt.22-06-2022 3/3 as surety and furnish an undertaking that if released on bail he will ensure that the petitioner does not fall in the bad company and indulge in any indecent act with the victim girl, this Court sets aside the impugned order and directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Nawada in connection with J.I.N. 829/2021 arising out of Hisua P.S. Case No.331 of 2021. One of the bailors should be the father of the petitioner and he will also furnish an undertaking that if released on bail he will ensure that the petitioner does not fall in the bad company and indulge in any indecent act with the victim girl.

The Probation Officer shall keep on visiting the place of the petitioner and shall submit periodical report to the Juvenile Justice Board, Nawada as regards the conduct of the petitioner.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.