Bhutan Kumar @ Ankit Kumar @ Mutan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1519 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== BHUTAN KUMAR @ ANKIT KUMAR @ MUTAN KUMAR, aged about 10 years, Male, S/O Manoj Kumar Ray @ Manoj Rai Resident of Village - Baithaniya, P.S.- Majhaulia, District - West Champaran. through his natural guardian and father, Manoj Kumar Ray @ Manoj Rai , S/O Dewnandan Ray, Resident of Village - Baithaniya, P.S.- Majhaulia, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner has been declared juvenile vide order dated 20.06.2019 passed by learned Juvenile Justice Board, West Champaran, Bettiah in J.J.B. Case No. 487/2019. He has been held to be aged about 8 years 11 months and 6 days. He is an accused in MaJhaulia P.S. Case No. 150/2019 dated 05.04.2019 registered under Section 302/34 of the Indian Penal Code.

The allegation against him is that he along with his

2/4 friend co-accused Ranjit Mahto aged about 12 years had taken the six years old son of the informant on the pretext of playing game but thereafter the son of the informant did not return and it is alleged that on query made the petitioner and the co-accused disclosed that they had done wrong act with the son of the informant and then had killed him by pressing his neck.

The petitioner is in observation home since 29.05.2019. Learned counsel for the petitioner submits that the allegations against the petitioner is only false, concocted and baseless and the petitioner has been made accused only because of the village rivalry. Further, it is submitted that this petitioner is all about nine years old boy, he was going to school and it has come in the social investigation report that he had no criminal antecedent and further the villagers did not find any wrong with his activities as they reported that the petitioner was living like a normal boy. Learned counsel submits that the social investigation report no doubt says that the parents of the petitioner failed to develop good habits and manner in him

3/4 but considering that the long continuation of the petitioner in the observation home would only deprive him of the love and affection of his parents and other members of the family and further that for a better future the Probation Officer has also recommended that the petitioner should be made to understand the difference between good and bad habits and to improve his life and better future, he should be made to understand these things. It is submitted that at this stage, the petitioner may be allowed to be reunited with his family. Learned A.P.P.

4/4 stage, this court directs release of the petitioner namedabove on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 150/2019.

One of the sureties will be the father of the petitioner and both father and mother shall furnish undertaking in writing before the learned Juvenile Justice Board that they would ensure the admission of the petitioner in a school outside the village and shall keep vigil over him and would not allow him to fall in a bad company. This Application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T