Munna Kumar @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.408 of 2018 Arising Out of PS. Case No.-163 Year-2016 Thana- AWTARNAGAR District- Saran ====================================================== Munna Kumar @ Amit Kumar, minor son of Kameshwar Rai, Resident of Village Ramgarha, P.S. Awatar nagar, District- Saran. Under the guardianship of her mother namely Malti Devi, W/o Kameshwar Rai, R/o VillageRamgarha, P.S. Awatar Nagar District- Saran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Tiwary For the Respondent/s :
Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2018 The petitioner has been made accused in connection with Awtarnagar P.S. Case No. 163 of 2016 dated 20.09.2016 instituted for the offences under Section 414 of the Indian Penal Code and Section 25(1b)/A/26 of the Arms Act. From the possession of the petitioner, stolen motorcycle parts and one country made pistol was recovered. He was lodged in remand home on 01.09.2017 and after completing 18 years, he has been shifted to a place of safety. The petitioner was declared a juvenile by order dated 13.10.2017 and on the date of the occurrence, his age was assessed to be 16 years, 7 months and 13 days. His prayer for being released from the remand home was rejected and the aforesaid order has been upheld by the appellate court viz. the 1st Additional Sessions Judge, Saran at Chapra in Cr.
Patna High Court CR. REV. No.408 of 2018(4) dt.13-07-2018 2/2 (Juvenile) Appeal No. 8 of 2018.
Considering the period for which the petitioner has remained in the remand home and the place of safety and that nothing adverse has been reported from either of the places, this Court is of the view that he be released from the place of safety.
Let the petitioner above named be released from the place of safety on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Saran at Chapra in connection with Awtarnagar P.S. Case No. 163 of 2016. One of the bailors shall be the mother of the petitioner, who at the time of filing her bonds, shall furnish an undertaking that she shall take good care of her child and in case she finds that the juvenile/petitioner is not responding to her homilies, she shall report the matter straightway to the officer-incharge of the concerned police station. With the aforesaid observation/direction, the present revision petition is disposed of.
(Ashutosh Kumar, J) krishna/- U T