In a bail matter involving a child in conflict with law, the High Court modified the original bail condition requiring the father as a surety, allowing the maternal uncle instead, as the father was also an accused under judicial custody.
The order dated 08.05.2019 was modified to condition that one bailor be the maternal uncle instead of the father.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33154 of 2019
In
CRIMINAL APPEAL (SJ) No.916 of 2019
Arising Out of PS. Case No.-117 Year-2018 Thana- PARASBIGHA District- Jehanabad
======================================================
MINTU KUMAR Son of Manoj Singh Under his Natural guardian Seema Devi @ Sima Devi, Wife of Manoj Singh, both Resident of Village- Ghosi, P.S.- Parasbigha, District- Jehanabad.
... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kumar Mishra For the Opposite Party/s : Mr.Zainul Abedin ======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 26-06-2019
Heard learned counsel for the petitioner as well as
learned APP.
Petitioner who has been identified as child in conflict with law by the learned lower court approached this Court for grant of bail on account of refusal by the learned lower court and the same was allowed under Cr. Appeal (SJ) No.916/2019, vide order dated 08.05.2019 with a condition that one of the bailor should be his father, who will undertake to keep the appellant immuned from all kinds of obnoxious activities.
By way of instant petition, it has been prayed at the end of the petitioner that father is also accused relating to the same case bearing Parasbigha P.S. Case No.117/2018 and, is under custody. So, the condition needs to be modified as, being co-accused, the father would not be in a position to give such
Patna High Court CR. MISC. No.33154 of 2019(3) dt.26-06-2019 2/2
kind of undertaking as well as, being under custody without knowing how much time will take in getting bailed out whereupon, the order impugned will remain in abeyance without any cogent reason. So, submitted that instead of father, the material uncle (Mama) is there to stand by and is ready to give an undertaking whatever been reposed over the father. He further undertakes that he will keep proper vigil over the petitioner.
In the aforesaid facts and circumstances of the case, the prayer of the petitioner is allowed by way of modifying the condition in the order dated 08.05.2019 relating to Cr. Appeal (SJ) No.916/2019 as “with a condition that one of the bailor should be his maternal uncle, who will undertake to keep the appellant immune from all kinds of obnoxious activities” and is further directed that the order dated 08.05.2019 passed in Cr. Appeal (SJ) No.916/2019 be read, accordingly.
Petition is allowed.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
2 issues framed by the court
Whether the condition of the father being a surety for bail can be modified to the maternal uncle when the father is an accused under custody.
Whether the appellant qualifies as a child in conflict with law under the relevant juvenile laws.
2 provisions across 2 enactments
Mintu Kumar
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
