Pankaj Kumar @ Pankaj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1075 of 2017 ====================================================== Pankaj Kumar @ Pankaj Choudhary S/o Chanda Choudhary @ Chandeshwar Choudhary, R/o Village- Ranni Saidpur, P.S.- Ranni Saidpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeet Kumar For the Respondent/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-01-2018 The petitioner, who is a juvenile, has approached this Court through his father seeking his release from the remand home where he has been lodged in connection with J.J.B. Case No. 1353 of 2017, arising out of Runni Saidpur P.S. Case No. 403 of 2016 instituted for the offences under Sections 324, 307, 506/34 of the Indian Penal Code.

The petitioner was declared a juvenile on 18.04.2017.

From the records, it appears that the petitioner is alleged to have assaulted the daughter of the informant who had gone to take tuition classes. The petitioner is alleged to have given blows on her head by means of an iron rod. Other members of the family of the petitioner thereafter came out and two of the friends

Patna High Court CR. REV. No.1075 of 2017 (3) dt.23-01-2018 of the daughter of the informant, who had come to her rescue, were also assaulted by fists and slaps. The members of the family of the petitioner were heard saying that this is the result of the victim not acceding to the request of the petitioner to marry him. The victim appears to have received injuries on her head for which she had to be treated at Delhi. The injuries were on the occipital region of the scalp but were opined to be simple in nature.

From the social investigation report, it appears that the petitioner is suffering from mental disorder and is being treated at Muzaffarpur. Precisely, for this reason, the appellate court has not thought it to be in the interest of the juvenility or society to release the petitioner from the observation home. It has been submitted on behalf of the petitioner that he would be afforded proper treatment only when he is released from the remand home and is given to the custody of his parents. The father of the petitioner is ready to undertake that he shall afford all treatment to the juvenile and would produce him before the J.J.B. court whenever he would be required for his trial. The juvenile is in custody since 07.10.2016.

For the aforesaid facts, the juvenile/petitioner above named is directed to be released on bail on his furnishing bail

Patna High Court CR. REV. No.1075 of 2017 (3) dt.23-01-2018 bond in the sum of Rs. 10,000/- (Ten Thousand) with one surety viz. his father of the of the same amount the satisfaction of the learned Juvenile Justice Board, Sitamarhi in connection with J.J.B. Case No. 1353 of 2017, arising out of Runni Saidpur P.S. Case No. 403 of 2016.

The application is allowed.

(Ashutosh Kumar, J) KKSINHA/- U T