This judgment quashed orders denying bail to a juvenile and granted release on a bond under Section 12 of the Juvenile Justice Act, 2015, as no evidence linked the child to the alleged offense.
Petitioner released on bail bond of Rs. 10,000/- with two sureties under supervision of a Probation Officer.
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.83 of 2020
Arising Out of PS. Case No.-77 Year-2018 Thana- CHAPRA MUFFASIL District- Saran
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MANNU RAI @ MANNU KUMAR RAI @ MONU KUMAR RAI Son of Madan Rai Resident of Village-Naya Tola, P.S.-Muffasil, District-Saran, under the guardianship of Madan Rai the natural guardian and father at the petitioner
| THE STATE OF BIHAR ==================== |
Versus ================ |
... ... Petitioner/s ... ... Respondent/s ================== |
|---|---|---|
| Appearance : | ||
| For the Petitioner/s : |
Mr.Niraj Kumar | |
| For the Respondent/s : ==================== |
Mr.Binod Kumar ================ |
================== |
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 15-03-2021
The present revision petition has been filed against the order dated 13.11.2019 passed in Criminal Appeal (Juvenile) No. 33 of 2019 arising out of Chapra Muffasil P.S. Case No. 77 of 2018 corresponding to J.J.B. Case No. 973 of 2019 passed by the learned District and Sessions Judge-1st, Saran at Chapra, whereby and whereunder the appeal has been dismissed and the order of the Juvenile Justice Board, Saran at Chapra dated 03.08.2019 passed in J.J.B. No. 33 of 2019 under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act, rejecting the prayer of the petitioner for grant of bail, has been upheld.
The case of the prosecution in brief is that on the alleged date and time of occurrence, the father of the petitioner and his grand father had destroyed the wheat crop standing in the field
Patna High Court CR. REV. No.83 of 2020(5) dt.15-03-2021 2/4
of the informant and upon protest the father of the petitioner tried to crush the informant and others by his tractor. It has also been alleged that ultimately the brother of the informant had died on account of the injuries sustained by him due to him being run over by the tractor being driven by the father of the petitioner.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in observation home since 03.04.2019. It is further submitted that the entire records would show that the petitioner has got no role in the alleged occurrence and in fact the father of the petitioner, who is the main accused, has already been granted bail by a coordinate Bench of this Court vide order dated 07.02.2019 passed in Criminal Misc. No. 79791 of 2018.
Per contra, Shri Binod Kumar, learned A.P.P. for the State has vehemently opposed the prayer for bail.
I have heard the learned counsel for the parties and perused the materials on record, from which it is apparent that neither any allegation of any sort of overt act has been levelled against the petitioner nor there is any material on record to show the complicity of the petitioner in the alleged occurrence, hence
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this Court finds that the impugned orders dated 03.08.2019 and 13.11.2019 suffer from total non-consideration of the actual facts and circumstances of the present case, hence are based on incorrect appreciation of the facts as also law and moreover the same suffers from apparent error on the very face of the same.
This Court further finds from a bare perusal of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 that a child in conflict with law is required to be released on bail ordinarily, except in case, it appears that there are requisite grounds to believe that the release of the child in conflict with law is likely to bring him in association with any unknown criminal or expose him to moral, physical or psychological danger or would defeat the ends of justice, however in the present case, this Court does not find that any of such factors are present so as to impede the grant of bail to the petitioner herein.
Considering the facts and circumstances of the case and the materials available on record as also taking into account the arguments advanced by the learned counsel for the petitioner coupled with the reasoning stated herein above in the preceding paragraphs, I deem it fit and proper to allow the present petition, consequently the order dated 13.11.2019 passed by the learned
Patna High Court CR. REV. No.83 of 2020(5) dt.15-03-2021 4/4
District and Sessions Judge-1st, Saran at Chapra passed in Criminal Appeal (Juvenile) No. 33 of 2019 arising out of Chapra Muffasil P.S. Case No. 77 of 2018 corresponding to J.J.B. Case No. 973 of 2019 as also the order dated 03.08.2019 passed in J.J.B. No. 33 of 2019 by the Juvenile Justice Board, Saran at Chapra, are set aside.
Accordingly, the petitioner herein is directed to be released from the remand home on his furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board, Saran at Chapra in connection with J.J.B. No. 33 of 2019, subject to the condition that :-
One of the bailors of the petitioner shall be her mother who at the time of filing of the bonds, shall also give an undertaking that she will take good care of the petitioner and in case, petitioner does not act as per her advice, she shall report the matter to the officer-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer. This revision application stands allowed on the
aforesaid terms.
(Mohit Kumar Shah, J)
S.Sb/-
U T
2 issues framed by the court
Whether an order dismissing bail against a juvenile, who has no evidence of complicity in the criminal act, suffers from total non-consideration of facts?
Whether the requirements of Section 12 of the Juvenile Justice Act mandates release on bail in the absence of grounds posing danger to the child?
1 provisions across 1 enactments
MANNU RAI @ MANNU KUMAR RAI @ MONU KUMAR RAI
THE STATE OF BIHAR
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
