Allowed

Vipi Kumar v. The State Of Bihar

Patna HC17 Jan 2013CR. REV./1253/2012

Case brief

AI extract

What is this about?

In Criminal Revision, the Patna High Court allowed the petition, set aside the Sessions Judge's dismissal of the appeal, and granted bail to the juvenile accused, directing release upon furnishing a bond with parental undertaking to prevent association with criminals.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs.10,000 with two sureties, subject to parental undertaking to prevent bad association.

Vipi Kumar Vs The State Of Bihar — Child Custody and Guardianship | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1253 of 2012

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===================================================== Vipi Kumar, son of Balesar Yadav, resident of Kanchak, P.S. Kako in the district of Jehanabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 2 17-01-2013 Heard the parties.

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The petitioner has preferred this Criminal Revision, under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the Judgment dated 7.9.2012 passed by the Sessions Judge, Jehanabad, in Criminal Appeal No.37 of 2012, whereby the Sessions Judge, Jehanabad, dismissed the aforesaid Criminal Appeal preferred by the petitioner against the order dated 12.6.2012 passed in G.R. No.416 of 2012 {Trial No.450(J) of 2012} by the Juvenile Justice Board, Jehanabad, rejecting the prayer of the petitioner for bail.

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Learned counsel for the petitioner submits that the learned Sessions Judge, Jehanabad, dismissed the aforesaid Criminal Appeal on the finding of the Juvenile Justice Board that no parent of the accused-appellant/petitioner has undertaken to have Slovenian on the conduct of accused-appellant/petitioner,

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Patna High Court CR. REV. No.1253 of 2012 (2) dt.17-01-2013

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Vipi Kumar, and prevent him from coming in association of known criminals and also arriving at the conclusion that in the instant criminal appeal also, no parent of the accusedappellant/petitioner, Vipi Kumar, has filed affidavit or undertaking. It has also been submitted that Balesar Yadav, father of the petitioner, who has sworn an affidavit in the present Criminal Revision, is ready to take care of the petitioner in case he is released on bail and also to file an affidavit in this regard.

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It appears that the petitioner, who is accused in Makhdumpur (Tehta) P.S. Case No.51 of 2012 registered under Sections 376 and 511 of the Indian Penal Code and Section 3(i) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been declared juvenile by the Juvenile Justice Board on 16.5.2012. Thereafter, the petitioner approached before the Juvenile Justice Board by filing an application for bail, which was rejected vide order dated 12.6.2012 and the Criminal Appeal No.37 of 2012 preferred by the petitioner against the aforesaid order of the Juvenile Justice Board was dismissed by the Sessions Judge, Jehanabad, through the impugned judgment dated 7.9.2012 without assigning any proper reason.

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It appears from the impugned Judgment dated 7.9.2012 that the learned Sessions Judge, Jehanabad, dismissed the

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Patna High Court CR. REV. No.1253 of 2012 (2) dt.17-01-2013

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Criminal Appeal No.37 of 2012 preferred by the petitioner on the finding of the Juvenile Justice Board that no parent of the accusedappellant/petitioner has undertaken to have Slovenian on the conduct of accused-appellant/petitioner, Vipi Kumar, and prevent him from coming in association of known criminals and also arriving at the conclusion that in the instant criminal appeal also, no parent of the accused-appellant/petitioner, Vipi Kumar, has filed affidavit or undertaking.

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On bare reading of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, it appears that a juvenile, in conflict with law, shall be released on bail unless there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. The aforesaid ground should be supported by the documents/evidence and not merely on guess. As such, the refusal of the prayer of the petitioner for bail is unjustified and against the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

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Under the aforesaid facts and circumstances of the case, this Criminal Revision is allowed and the impugned Judgment dated 7.9.2012 is set aside. The petitioner abovenamed is directed

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Patna High Court CR. REV. No.1253 of 2012 (2) dt.17-01-2013

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to be released on bail on his furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Jehanabad, in connection with Makhdumpur (Tehta) P.S. Case No.51 of 2012, corresponding to Trial No.450 of 2012, on the condition that one of the bailors of the petitioner must be either one of his parents, who will file an affidavit by way of undertaking to the effect that he/she will take care of the petitioner so that the petitioner may not indulge in bad association of anti social elements.

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(Rajendra Kumar Mishra, J)

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P.S./-

Vipi Kumar v. The State Of Bihar

Case brief

What is this about?

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Vipi Kumar v. The State Of Bihar

Case brief

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