Allowed

Abhishek Kumar @ Ramu @ Abhishek Kumar Singh v. The State of Bihar

Patna HC18 Jan 2023CR. REV./210/2022

Case brief

AI extract

What is this about?

In a criminal revision, the Patna High Court granted bail to a juvenile revisionist accused of kidnapping. The court set aside the impugned order rejecting bail, directing release subject to conditions under the Juvenile Justice Act, including a monetary bond and sureties.

What did the court decide?

Released the juvenile petitioner on bail by furnishing a bond of Rs. 25,000 with two sureties, including his mother, subject to probation officer supervision.

Abhishek Kumar @ Ramu @ Abhishek Kumar Singh Vs The State of… — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.210 of 2022

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Arising Out of PS. Case No.-286 Year-2021 Thana- NAVINAGAR District- Aurangabad

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

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XXXX Son of Arvind Singh @ Arvind Kumar Singh Under guardianship of his mother namely Pramila Devi W/o Arvind Singh @ Arvind Kumar Singh, Resident of Village - Dighi Pokhrahi, P.S.- Nabinagar, District - Aurangabad (Bihar).

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... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Respondent/s : Mr. Anita Kumari Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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4 18-01-2023

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Heard learned counsel appearing on behalf of the petitioner/revisionist and learned APP appearing on behalf of the State.

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The present revision application is being preferred against judgement dated 24.02.2022 passed by Court of learned Additional Sessions Judge-1-cum-Special Judge, Children's Court, Aurangabad in Criminal (Juvenile) Appeal No. 04/22/05/22 as well as order dated 24.01.2022 passed by learned Juvenile Justice Board (J.J.B.), Aurangabad in Gr. No. 2206 of 2021, J.J.B. No. 813 of 2021 arising out of Nabinagar P.S. Case No. 286 of 2021 which has been registered for offences under Section 363, 366 and 34 of the Indian Penal Code (For short 'I.P.C.') whereby and whereunder petitioner/revisionist

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Patna High Court CR. REV. No.210 of 2022(4) dt.18-01-2023 2/5

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application for bail was rejected.

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Notice served upon, but informant failed to join present proceedings.

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The petitioner/revisionist, aged about 17 years 10 month on the alleged date of occurrence i.e. 13.11.2021, is named in F.I.R., and is in custody/observation home since 17.11.2021.

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The allegation against petitioner/revisionist is to kidnap the minor daughter of the informant, aged about 13 years, alongwith other co-accused persons.

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Learned counsel appearing on behalf of the petitioner/revisionist submitted that petitioner/revisionist has been falsely implicated in this case out of local disputes and differences. It further appears from the statement of the victim, as recorded under Section 164 of the Cr.P.C., that valuable jewellery and cash was brought by victim herself and was handed over to the petitioner/revisionist. It is submitted that the Social Investigation Report (For short 'S.I.R.') is not suggesting anything adverse against this petitioner/revisionist. It is also pointed out that petitioner/revisionist involved in one more criminal case, where he is on bail.

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Learned counsel appearing on behalf of the

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Patna High Court CR. REV. No.210 of 2022(4) dt.18-01-2023 3/5

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petitioner/revisionist submitted that mother of the juvenile petitioner/revisionist is ready to stand as a surety and furnish an undertaking that she will take care of the petitioner/revisionist and shall ensure his studies as well as that he would not fall in bad company and would take all possible care to connect him with the mainstream of the society.

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Learned APP for the State while opposing the prayer of bail submitted that victim supported the occurrence in her statement recorded under Section 164 of the Cr.P.C., as occurrence took place under the threat of rape.

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Having regard to the submission and materials showing that the petitioner/revisionist has been adjudged juvenile aged about 17 years 10 months approximately on the alleged date of occurrence, he found involved in one criminal case, where he is on bail and the Social Investigation Report of the petitioner/revisionist is not showing any adverse material against him so as to dissuade this court for granting release of the petitioner/revisionist on bail, as also that petitioner/revisionist has remained in the Observation Home for more than one year and his mother is ready to stand as a surety and furnish an undertaking that if released on bail she will take care of the study of the petitioner/revisionist and shall ensure

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Patna High Court CR. REV. No.210 of 2022(4) dt.18-01-2023 4/5

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that he does not fall in bad company and, in case, the petitioner/revisionist indulges in any unlawful act, she will inform it to the jurisdictional police station as also following the spirit of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and in view of the exceptions carved out by the Hon’ble Division Bench of this Court in the case of Lalu Kumar and Ors. Vs. The State of Bihar reported in 2019 (4) PLJR 833 that classification of the offences under the bailable and non-bailable sections would not be relevant for the purpose of grant of bail to a juvenile and the prayer for bail of a juvenile may be rejected only under one of the three conditions as under:-

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“(i) The release is likely to bring that person into association with any known criminal;

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(ii) The release is likely to expose the said person to moral or physiological danger; and (iii) The release would defeat the ends of justice.”

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Accordingly, this court sets-aside the impugned order and directs release of the petitioner/revisionist on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board (J.J.B.),

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Patna High Court CR. REV. No.210 of 2022(4) dt.18-01-2023 5/5

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Aurangabad in connection with Navinagar P.S. Case No. 286 of 2021.

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One of the sureties should be the mother of the petitioner/revisionist and she will also furnish an undertaking in terms stated here-in-above.

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The Probation Officer shall keep on visiting the place of the petitioner/revisionist and shall submit periodical report to the Juvenile Justice Board (J.J.B.), Aurangabad, regarding conduct of the petitioner/revisionist. If found anything adverse against this petitioner/revisionist, the same will also be reported to the Board for necessary action.

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(Chandra Shekhar Jha, J)

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pooja/-

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U T

Abhishek Kumar @ Ramu @ Abhishek Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Abhishek Kumar @ Ramu @ Abhishek Kumar Singh v. The State of Bihar

Case brief

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What did the court decide?

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