Allowed

Rahul Kumar v. The State Of Bihar

Patna HC13 Jun 2013CR. REV./556/2013

Case brief

AI extract

What is this about?

In public interest litigation, the Patna High Court set aside bail rejection orders against a juvenile accused. It directed release on bond of Rs. 10,000 with parental sureties, mandating weekly court appearances, school attendance monitoring, and college supervision until adulthood.

What did the court decide?

Set aside orders refusing bail; directed release on Ferrary bond of Rs. 10,000 with two sureties (parents); directed college monitor to submit monthly reports; directed juvenile to appear weekly with

Rahul Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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Patna High Court CR. REV. No.554 of 2013 (2) dt.13-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.554 of 2013

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====================================================== Rahul Kumar under the guardianship of his mother Shanti Devi son of Mohan Sah, resident of Mohalla- Purab Bazar Sahu Tola, P.S. and DistrictSaharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Respondent/s ====================================================== with Criminal Revision No.556 of 2013 ====================================================== Rahul Kumar under the guardianship of his mother Shanti Devi son of Mohan Sah, resident of Mohalla- Purab Bazar Sahu Tola, P.S. and DistrictSaharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Respondent/s

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====================================================== with Criminal Revision No.557 of 2013 ====================================================== Rahul Kumar under the guardianship of his mother Shanti Devi son of Mohan Sah, resident of Mohalla- Purab Bazar Sahu Tola, P.S. and DistrictSaharsa.

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.... .... Petitioner/s Versus The State Of Bihar .... .... Respondent/s ====================================================== with Criminal Revision No.558 of 2013 ====================================================== Rahul Kumar under the guardianship of his mother Shanti Devi son of Mohan Sah, resident of Mohalla- Purab Bazar Sahu Tola, P.S. and DistrictSaharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Respondent/s ====================================================== Appearance : (In CR. REV. No.554 of 2013) For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. Mr. Arun Kumar Sinha, Adv. For the Respondent/s : Mr. Nityanand Tiwary, A.P.P.

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Patna High Court CR. REV. No.554 of 2013 (2) dt.13-06-2013

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(In CR. REV. No.556 of 2013) For the Petitioner/s : Mr. For the Respondent/s : Mr. (In CR. REV. No.557 of 2013) For the Petitioner/s : Mr. For the Respondent/s : Mr. (In CR. REV. No.558 of 2013) For the Petitioner/s : Mr. For the Respondent/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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2 13-06-2013

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Heard learned counsel for the petitioner and the

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State.

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Petitioner is an accused in Saharsa P.S. Case Nos. 58/12, 72/12, 68/12 and 03/12 registered for the offence under Sections 392, 413, and 414 of the Penal Code respectively. He has been adjudged juvenile in all the aforesaid cases. Notwithstanding the finding, the petitioner is a juvenile, his request for grant of bail in all the aforesaid cases has been rejected by the Juvenile Justice Board as also the appellate authority. These four revision applications have been filed against the aforesaid orders refusing the request of the petitioner for grant of bail in the aforesaid cases.

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It is submitted on behalf of the petitioner that the aforesaid four cases were registered against unknown but during investigation petitioner has been implicated in the four cases on the basis of the statement of co-accused. It appears

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Patna High Court CR. REV. No.554 of 2013 (2) dt.13-06-2013

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Juvenile Justice Board and the appellate authority has rejected the request of the petitioner for grant of bail as in the opinion of the Board and the appellate authority, petitioner is likely to come into contact with the co-accused, who is an adult, if he is released on bail.

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Without going into the correctness or otherwise of the aforesaid finding of the Board and the appellate authority, I am of the view that petitioner is required to be given yet another chance to improve himself as it is said on his behalf that before he was taken in custody in one of these cases and remanded in other cases subsequently he was a student of I.Sc and his studies are being affected because of his incarceration in the remand home.

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Be that as it may, I set aside the four orders passed by the Juvenile Justice Board and the appellate authority impugned in these revision petitions and direct that petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Judge, Juvenile Justice Board, Saharsa, in Saharsa P.S. Case Nos. 58/12, 72/12, 68/12 and 03/12. It is however made clear that father and mother of the petitioner shall be the two bailors and they shall also file an undertaking before the Juvenile Justice Board, Saharsa that petitioner shall appear

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Patna High Court CR. REV. No.554 of 2013 (2) dt.13-06-2013

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before the Juvenile Justice Board on every Monday of the week along with them. The Board will also oversee prosecution of the studies by the petitioner in the I.Sc Course in M.L.T College, Saharsa by seeking periodical report from the Principal of the College who is also directed to keep a watch over the petitioner and submit report to the Juvenile Justice Board every month until he becomes an adult. It is made clear that if the petitioner does not maintain a good conduct in the College as also in the society, it shall be open for the authorities to take action against the petitioner in accordance with law.

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(V.N. Sinha, J)

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Md. Ibrarul/-

Rahul Kumar v. The State Of Bihar

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Rahul Kumar v. The State Of Bihar

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