Rakesh Kumar Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.893 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Rakesh Kumar Prajapati S/o- Dinesh Prajapati @ Dinesh Kohar, resident of Village- Barka Manjha,Thana P.S.- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Azeen Advocate Mr. Arvind Kumar Advocate Mr. Akshay Lal Pandit Advocate Mr. Rajesh Kumar Advocate For the Respondent/s :

Smt. Sucheta Yadav Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-08-2018 The petitioner, who is a juvenile has approached this Court through his father for his release from remand home where he has been lodged in connection with Mirganj P.S. Case No. 11 of 2018 dated 22.03.2018, instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code and Section 25 (1-B) a, 26 and 35 of the Arms Act. The petitioner / juvenile is in remand home since 19.01.2018.

The age of the petitioner / juvenile was assessed by the Juvenile Justice Board as 15 to 16 years on the date of occurrence.

Patna High Court CR. REV. No.893 of 2018(4) dt.28-08-2018 2/3 The learned counsel for the petitioner / juvenile has submitted that neither from the order of the Juvenile Justice Board or of the learned Appellate Court can it be ascertained that there is further likelihood of the petitioner / juvenile falling in bad company, if he is released from the remand home.

The petitioner / juvenile has clean antecedent and has been falsely implicated in this case. The learned counsel has further submitted that petitioner / juvenile has a good family background and there is nothing on record by way of any Social Investigation Report which could demonstrate anything contrary to what has been stated.

Regard being had to the aforesaid facts, petitioner / juvenile, above named, is directed to be released on his furnishing bail bonds 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, Gopalganj in connection with J.J.B. Case No. 016 of 2008, arising out of Mirganj P.S. Case No. 11 of 2018.

One of the bailors shall be the father of the petitioner, who at the time of filing of his bonds, shall give an undertaking that he shall take good care of his child and in case he finds that the juvenile / petitioner is

Patna High Court CR. REV. No.893 of 2018(4) dt.28-08-2018 3/3 not responding to his homilies, he shall report the matter straightway to the officer-in-charge of the concerned police station.

The present revision petition is accordingly allowed.

(Ashutosh Kumar, J) skm/- U t