Patna High CourtCR. REV./495/2016dismissed

Shankar Prasad Sah v. State Of Bihar And ANR

2017-01-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.495 of 2016 ======================================================

1. Shankar Prasad Sah, Son of Late Ravindra Prasad Sah, resident of Netaji Chowk, Jogbani, P.S.- Jogbani, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anshu Raj Sah, Son of Sanjay Sah, Resident of Dakshin Maheshwari, P.S.- Jogbani, District- Araria.

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

For the Petitioner/s : Mr. Amish Kumar For the Respondent/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

By an order, dated 02.04.2016, passed in Criminal Appeal No. 05 of 2016, the learned Sessions Judge, Araria, has set aside the order of the Juvenile Justice Board, Araria, and granted bail to Opposite Party No. 2.

The present revision application has been filed by the informant of the case against the said order, dated 02.04.2016, passed by the learned Sessions Judge, Araria. On the date of passing of the impugned order by the learned Sessions Judge, Araria, the Opposite Party

Patna High Court CR. REV. No.495 of 2016 (3) dt.10-01-2017 2/2 No. 2 had remained in remand home right from the very beginning.

Learned Counsel appearing on behalf of the petitioner has submitted that Opposite Party No. 2 is an accused of commission of offence punishable under Section 376 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offence Act, 2012, and considering the gravity of the offence, learned Sessions Judge, Araria, ought not to have given him the privilege of bail.

From the order passed by the learned Sessions Judge, Araria, I find that he had taken into account the report of the Probationer Officer for giving him privilege of bail.

I do not find any reason to interfere with the said order. This application has no merit, which is accordingly dismissed.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √