Patna High CourtCR. REV./370/2018allowed

Vishal Kumar v. State Of Bihar And ANR

2018-05-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.370 of 2018 ======================================================

1. Vishal Kumar, Son of Raghupat Singh, resident of Village- Mahidipur, P.S. Phesar, District- Aurangabad under the Guardianship of Raghupat Singh, Son of Mathura Singh, Resident of Village- Mahidipur, P.S. Phesar, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dipak Singh, Son of Sri Mahipal Singh, resident of Mohalla- Jagdeo Nagar, P.S.- Town, District- Aurangabad.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and the State. This revision application has been filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 18.01.2018 passed by the learned 1st Additional Sessions Judge, Aurangabad in Criminal Appeal No 76 of 2017/ 102 of 2017 by which the Sessions Judge affirmed the order of the Juvenile Justice Board, Aurangabad in G.R. Case No. 1829 of 2017, J.J.B. No. 865 of 2017 corresponding to Aurangabad (Town) P.S. Case No. 343 of 2017 by which the Juvenile Justice Board rejected the prayer for bail of the petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court CR. REV. No.370 of 2018 (3) dt.24-05-2018 2/2 petitioner had been declared juvenile by the Juvenile Justice Board and his age has been assessed as 16 years. The petitioner and informant is maternal brother and, as such they are close relatives. Missing boy had already recovered on the same day as mentioned in para-11 of the case diary. Both parties have now compromised. He is in custody since 18.10.2017.

Considering the entire facts and circumstances, aforesaid, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.R. Case No. 1829 of 2017, J.J.B. No. 865 of 2017 corresponding to Aurangabad (Town) P.S. Case No. 343 of 2017 to the satisfaction of the Juvenile Justice Board, Aurangabad subject to the conditions that both the bailors shall be close relatives of the petitioner and one of them would be the mother of the petitioner. (Sanjay Priya, J) sushma/- U T