Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1375 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Himanshu Kumar Son of Ratan Singh @ Ram Ratan Singh, Resident of Village- Launga Paura, P.S. Chautham, District- Khagaria at Present resident of Village- Tegachhi Punarbas, P.S. Chautham, District- Khagaria under the Guardianship of his father namely Ratan Singh @ Ram Ratan Singh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Respondent/s :

Mr.Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-02-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 04.10.2018, passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, Juvenile Court, Khagaria , by which, he has rejected the bail application of the petitioner in Juvenile Case No.2/2018 arising out of Chautham P.S. Case No.117/2018 registered for the offence punishable under Sections 302 & 120(B)/34 of the I.P.C.

Informant has alleged that her daughter, Renu Devi was married 14 years earlier with Maharaj Singh and four children were born to her and on 17.06.2018, she came to know that her daughter was found dead in her house and getting the

Patna High Court CR. REV. No.1375 of 2018(3) dt.04-02-2019 2/3 said information, she went there along with her another daughter, Bulbul Devi and found dead body of Renu Devi lying in the village. She has suspected that F.I.R. named accused have killed his daughter.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to family dispute. Petitioner has no criminal antecedent and he is in custody since 07.07.2018.

According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger.

Considering the above, this revision application is allowed. The order dated 04.10.2018, passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, Juvenile Court, Khagaria is set aside.

The petitioner, above named, is directed to be released on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional District and Sessions

Patna High Court CR. REV. No.1375 of 2018(3) dt.04-02-2019 3/3 Judge-cum-Special Judge, Juvenile Court, Khagaria in connection with Juvenile Case No.2/2018 arising out of Chautham P.S. Case No.117/2018 subject to the condition that:- One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the office-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) Sanjay/- U T