Allowed

Mintu Kumar v. The State of Bihar

Patna HC8 May 2019CR. APP (SJ)/916/2019

Case brief

AI extract

What is this about?

This criminal appeal involves a juvenile appellant challenging his detention in a juvenile case involving death. The High Court allowed the bail application, directing release on bond with two sureties and a condition that a bailor is his father.

What did the court decide?

Released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount, subject to condition that one bailor is the appellant's father.

Mintu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.916 of 2019

¶2

Arising Out of PS. Case No.-117 Year-2018 Thana- PARASBIGHA District- Jehanabad

¶3

======================================================

¶4

MINTU KUMAR, aged about 16 years, Male, Son of Manoj Singh, under his natural guardian Seema Devi, W/o Manoj Singh, both resident of VillageGhosi, P.S.- Parasbigha, Distt. - Jehanabad.

¶5

... ... Appellant/s

¶6

Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. N. K. Agrawal-Sr. Advocate Mr. Satyendra Prasad Singh-Advocate For the Respondent/s : Mr. Zeyaul Hoda-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

¶7

7 08-05-2019

¶8

This appeal has been preferred under Section 101(5)

¶9

of the Juvenile Justice (Care & Protection of Children) Act, 2015.

¶10

Seen the report submitted by the 1^st Additional Sessions Judge-cum-Children Court, Jehanabad. The learned counsel for the appellant has submitted that police paper has already been received and so, now, the proceeding had proceeded a step forward that means to say, over the accusation.

¶11

From perusal of the fard-bayan as well as from the order impugned, it is evident that this case has been filed on account of death of Prakash Kumar as well as Aayushi Kumari regarding whom, the informant apprehended, have been murdered while there also happens to be an alternative theory

¶12

Patna High Court CR. APP (SJ) No.916 of 2019(7) dt.08-05-2019 2/3

¶13

coming out from the fard-bayan itself to have committed suicide. However, presence of appellant along with others so named as well as unnamed have been at the house of Shatrughan Singh and from the order impugned, presence of incriminating material by way of statement of witnesses under Paras-7, 8, 9, 10, 11 is found incorporated, who have shown presence of appellant at the place of occurrence. Apart from this, neither the order impugned nor in the fard-bayan, there happens to be any kind of indulgence, criminal antecedent of the appellant, more particularly Para-3 of the memo of appeal also negativates the same. It is also evident that other co-accused Shintu Singh, who has also been declared juvenile in conflict with law carrying similar status, have already been granted bail under Cr. Appeal No.89 of 2018. However, from the report submitted by the learned lower Court, non-cooperation at the end of the appellant is still apprehended.

¶14

That being so, after accusation is being explained, appellant Mintu Kumar is directed to 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 the learned 1^st Additional Sessions Judge-cum-Children Court, Jehanabad in connection with Children Case No.4 of 2018 arising out of

¶15

Patna High Court CR. APP (SJ) No.916 of 2019(7) dt.08-05-2019 3/3

¶16

Parasbigha P. S. Case No.117 of 2018, with a condition that one of the bailor should be his father, who will undertake to keep the appellant immune from all kinds of obnoxious activities.

¶17

Accordingly, instant appeal is allowed.

¶18

(Aditya Kumar Trivedi, J)

¶19

vikash/-

¶20

U T

Mintu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mintu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pramod Yadav Vs The State Of Bihar

Sk. Sotamani Vs State Of Bihar and Anr.

Rajmani @ Rajmani Sharma @ Rajmani Sai Centre Traders Vs State Of Bihar and Anr.

Md. Anis Ansari @ Anis Ansari Vs The State Of Bihar

Rakesh Ranjan Vs The State of Bihar

Faroque Azam @ Farooque Azam Vs The State of Bihar