Allowed

Rahul Kumar @ Bittu Kumar v. The State of Bihar

Patna HC12 Jan 2023CR. REV./412/2022

Case brief

AI extract

What is this about?

In a criminal revision, the Patna High Court set aside an order refusing bail to a juvenile petitioner accused of rape. Relying on exceptions regarding juvenile status, the Court granted bail subject to bonds, sureties, and conditions under the Juvenile Justice Act.

What did the court decide?

Impugned order set aside; petitioner released on bail via bond of Rs. 25,000 with two sureties and undertakings.

Rahul Kumar @ Bittu Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.412 of 2022

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Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA PS District- Aurangabad

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

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XXX S/o Sunil Ram R/o village- Phulwariya, Post- War, P.S.- Madanpur, District- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar Sinha, Advocate For the Respondent/s : Mr. Shailendra Kumar, APP For the O.P. No. 2 : Mr. Satyendra Pd. Singh, Advocate Mr. Kumar Dhirendra Pratap Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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6 12-01-2023

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

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Name of the petitioner/revisionist is shown as “XXX” in this order.

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The present revision application is being preferred against judgement dated 19.05.2022 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST), as Children Court, Aurangabad in Criminal Appeal No. 09 of 2022 by which the learned Court refused to enlarge the petitioner on bail in connection with Mahila P.S. Case No. 34 of 2021 registered for offence under Sections 363, 376(B) and 34 of the Indian Penal Code.

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The petitioner/revisionist, aged about 16 years 03

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Patna High Court CR. REV. No.412 of 2022(6) dt.12-01-2023 2/6

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months and 26 days on the alleged date of occurrence i.e. 16.10.2021, is named in F.I.R., and is in custody/observation home since 18.10.2021.

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The allegation against this petitioner/revisionist is to commit rape upon informant/victim along with other co-accused persons. It is further alleged that victim along with petitioner/revisionist were intercepted by Muffasil Police Station and subsequently brought to the police station, where, family members of the victim arrived and present case was lodged.

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It is submitted by learned counsel appearing on behalf of the petitioner/revisionist that both victim and petitioner/revisionist were in love affairs and as they were on way to a temple for solemnizing their marriage, intercepted by police and matter was informed to the parent of the victim, under the pressure of whom, the present case was lodged. It is also submitted that on the date of occurrence, victim and petitioner/revisionist was in regular touch on their mobile phone, which is evident from paragraph no.55 of the case diary, as such, the allegation to taken away victim girl forcefully appearing false on its face. While travelling over the argument, it is submitted that the victim girl is major aged about 20 years,

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Patna High Court CR. REV. No.412 of 2022(6) dt.12-01-2023 3/6

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whereas, admittedly the petitioner/revisionist was juvenile on the date of occurrence, where, implication is purely arising out of local disputes and differences. It is further submitted that medical report is also not supporting the allegation of rape, as no injury was noticed upon private part of victim and furthermore, petitioner/revisionist is a man of clean antecedent. SIR (Social Investigation Report) of petitioner/revisionist is also not suggesting anything adverse against petitioner/revisionist. While concluding the argument, it is submitted that similarly situated co-accused person, who was also juvenile, has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Revision No. 312 of 2022 dated 30.09.2022.

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Learned counsel appearing on behalf of the petitioner/revisionist submitted that father of the juvenile petitioner is ready to stand as a surety and furnish an undertaking that he 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 duly assisted by learned counsel, Mr. Satyendra Pd. Singh, appearing on behalf of informant/O.P.

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Patna High Court CR. REV. No.412 of 2022(6) dt.12-01-2023 4/6

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No.2, while opposing the prayer for bail of the petitioner/revisionist submitted that there is specific allegation against this petitioner/revisionist to commit rape upon the informant.

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In view of aforesaid submission and materials available on record as the petitioner/revisionist has been adjudged juvenile aged about 16 years 03 months and 26 days approximately on the alleged date of occurrence, having no criminal antecedent and the social investigation report of the petitioner is also not showing any adverse material against him so as to dissuade this court for granting bail, as also that petitioner has remained in the Observation Home for more than year and his father is ready to stand as a surety, furnishing an undertaking that if his son be released on bail, he will take care of his study and shall also ensure that he does not fall in bad company and, in case, the petitioner indulges in any unlawful act, he 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

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Patna High Court CR. REV. No.412 of 2022(6) dt.12-01-2023 5/6

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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 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST) as Children Court, Aurangabad/concerned Court in connection with Mahila P.S. Case No. 34 of 2021.

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One of the sureties should be the father of the petitioner/revisionist and he will also furnish an undertaking in aforesaid terms.

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The Probation Officer shall keep on visiting the place of the petitioner and shall also submit periodical report to the

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Patna High Court CR. REV. No.412 of 2022(6) dt.12-01-2023 6/6

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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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S.Katyayan/-

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U T

Rahul Kumar @ Bittu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Bittu Kumar v. The State of Bihar

Case brief

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