Allowed

Pradip Kumar v. The State of Bihar

Patna HC8 Aug 2024CR. REV./447/2024

Case brief

AI extract

What is this about?

A juvenile petitioner accused of taking away and marrying a minor girl was denied bail by the Juvenile Justice Board and by the appellate court. The Patna High Court, noting a love affair, no antecedents and a favourable Social Investigation Report, allowed bail on bonds with conditions requiring paternal supervision.

What did the court decide?

Bail granted on bonds of Rs 10,000 with two sureties, one bailor being petitioner's father filing an affidavit of undertaking of care.

Pradip Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No 447 of 2024

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Arising Out of PS. Case No.-661 Year-2023 Thana- FATEHPUR District- Gaya

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

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Pradip Kumar son of Shankar Ravidas @ Shankar Das Village- Harli Tara Mahugain Ps- Wzirganj Dist- Gaya Prasently Village- Harli Tara Mahugain Ps- Wazirganj Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance :

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For the Petitioner/s : M/s Alok Kr Alok, Ajay Kr Sinha, Advocates For the Respondent/s : Mr Ram Priya Sharan Singh, APP

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

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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL

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ORAL ORDER

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4 09-08-2024 Heard.

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2 This petition is directed against the order dated 02.04.2024 passed by the learned Special Judge (Children Court), Gaya in Juvenile Appeal No 4 of 2024 whereby the learned appellate Court rejected the appeal which has been preferred by the petitioner being aggrieved with the order dated 07.02.2024 passed by the learned Principal Magistrate, Juvenile Justice Board, Gaya whereby the prayer for bail of the petitioner was rejected.

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3 The petitioner is a juvenile. According to the case of the prosecution, on 23.08.2023, the daughter of the informant who is also a juvenile, went out of the house for coaching but did not return. On being searched, she was not found.

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Patna High Court CR. REV. No.447 of 2024(4) dt.09-08-2024 2/3

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Thereafter, it was found that the petitioner (juvenile) has taken the said girl with him and married with her also. The matter was reported to the Ward Member but the girl did not return.

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4 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. From the contents of the FIR and other materials available on record, it appears that there was love affair between the petitioner and the girl and due to that, they also performed marriage. He further submits that the petitioner has no antecedent and the Social Investigation Report also does not suggest anything against him. Therefore, it is prayed that the petitioner may be granted the privilege of bail.

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5 Learned APP has opposed the prayer for bail.

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6 Considering the above facts, this application is

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allowed.

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6 Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, JJB, Gaya in Fatehpur PS Case No 661 of 2023, Misc 20/2024 subject to the following conditions:

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(i) That one of the bailors should be the father of the petitioner, and

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Patna High Court CR. REV. No.447 of 2024(4) dt.09-08-2024 3/3

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(ii) That the father of the petitioner shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the petitioner on bail, he will take proper care of the petitioner and will not allow him to fall into bad company.

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(Arvind Singh Chandel, J)

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M.E.H. /-

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U T

Pradip Kumar v. The State of Bihar

Case brief

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Pradip Kumar v. The State of Bihar

Case brief

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