The Patna High Court allowed a criminal revision petition by a juvenile accused under IPC sections 304(B) and 34. The court directed his release from the remand home on bail with conditions.
Release of the juvenile from the remand home on bail in the sum of Rs. 10,000 with two sureties.
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 REVISION No.73 of 2020
Arising Out of PS. Case No.-37 Year-2018 Thana- PARAIYA District- Gaya
==============================================
KUNDAN KUMAR Son of Ambika Prasad Resident of Village - Manjhar, P.S.- Paraiya, Distt - Gaya, under the guardianship of his mother namely Manju Devi, wife of Ambika Prasad, Resident of Village - Manjhar, P.S.Paraiya, Distt - Gaya.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Respondent ============================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Respondent/s : Mr.Umeshanand Pandit ==============================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 10-07-2020 Heard Mr. Manish Kumar No. 2, learned counsel
for the juvenile/petitioner and Mr. Umeshanand Pandit, learned counsel for the State.
The petitioner was declared a juvenile and at the time of the occurrence, he was more than 16 years of age. His implication in the present case is with respect to an offence under Sections 304 (B) and 34 of the Indian Penal Code (Paraiya P.S. Case No. 37 of 2018).
The petitioner is stated to be the younger
brother of the husband of the deceased and has also been attributed with the act of assisting the accused persons in
Patna High Court CR. REV. No.73 of 2020(4) dt.10-07-2020 2/3
burning the deceased.
Mr. Manish Kumar No. 2, learned counsel for the juvenile/petitioner submits that only because the applicant is one the members of the family, he has been made accused in this case.
From the perusal of the order passed by the Juvenile Justice Board as also of the Appellate Court, it appears that the considerations under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 have been made by the Juvenile Justice Board as also by the Appellate Court. However, there is nothing on record to justify the consideration of the Appellate Court that in case of release of Juvenile on bail, the ends of justice would be defeated and the best interest of the juvenile would not be sub-served.
Considering the afore-stated facts and taking into account that the juvenile/petitioner is in remand home since 24.07.2019, he is directed to be released from the remand home on his maternal uncle, Krishna Prasad furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten
Patna High Court CR. REV. No.73 of 2020(4) dt.10-07-2020 3/3
Thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Gaya in connection with Paraiya P.S. Case No. 37 of 2018.
Aforesaid Krishna Prasad at the time of the filing of the bonds, shall also give an undertaking that he shall take good care of the juvenile/petitioner and in case the juvenile/petitioner does not pay heed to his advice, he would report such matter forthwith to the Officer-in-Charge of the concerned police station.
With the aforesaid observation and direction, the present revision petition is allowed.
(Ashutosh Kumar, J)
sunilkumar/-
U T
2 issues framed by the court
Whether bail can be granted to a juvenile declared more than 16 years of age in a custodial setting.
Whether the considerations under Section 15 of the Juvenile Justice Act, 2015 justify the detention order.
2 provisions across 2 enactments
Kundan Kumar
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
