Advocates:
['Umesh Kumar Singh', '', 'ashish anand', 'Anuj Kumar Shrivastava']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1039 of 2019

Arising Out of PS. Case No.-148 Year-2018 Thana- BARAULI District- Gopalganj

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AMIT KUMAR SINGH Son of Jagat Singh under the guardianship of mother

Umaravati Devi Resident of Village- Taya Dumri, Police Satation- Jamo

Bazar, District- Siwan (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Umesh Kumar Singh, Advocate

For the Respondent/s

:

Mr. Anuj Kumar Shrivastava, Advocate

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

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL ORDER

3

15-06-2020

This petition is directed against the judgement of

the learned Sessions Judge, Gopalganj in Cr. Appeal No. 55

of 2019, dated 28.06.2019, whereby the prayer made on

behalf of the juvenile / petitioner for setting aside the order

of the Juvenile Justice Board, refusing to release the

juvenile/petitioner from the Remand Home, has been

rejected.

It appears from the records that the petitioner was

made accused in a case vide Barauli P. S. Case No. 148 of

2018 dated 23.06.2018 which was instituted for the

offences under Sections 341, 323, 307, 379 and 34 of the

Indian Penal Code.

Patna High Court CR. REV. No.1039 of 2019(3) dt.15-06-2020

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The petitioner and his associate were trying to

commit burglary in the house of the informant at the time

when many persons had assembled in the house for

solemnization of a marriage in the family. When the

petitioner and his associate were confronted, the petitioner is

said to have given a knife blow to one Piyush Kumar Singh,

causing injuries in his stomach.

It has been submitted on behalf of the petitioner

that he is a juvenile and his age has been assessed by the

Juvenile Justice Board as less than 16 years on the date of

the occurrence. There is nothing on record to indicate that

his release from the Remand Home would further endanger

the chances of the petitioner being included in the

mainstream of the society or of his falling in a bad company

and his getting back to recidivism. The appellate order

indicates that the order of the Juvenile Justice Board has

been upheld but no grounds for the same have been given

whatsoever in the appellate order.

For the aforesaid reason, the appellate order dated

28.06.2019 is set aside and the juvenile / petitioner is

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directed to be released on bail on his mother furnishing bail

bonds on his behalf in the sum of Rs. 10,000 /- (Ten

Thousand) with two sureties of the like amount each to the

satisfaction of the learned Principal Magistrate, Juvenile

Justice Board, Gopalganj in connection with J. E. No. 37 of

2019, arising out of Barauli P. S. Case No. 148 of 2018.

One of the bailor shall be the mother of the

juvenile/petitioner and the other bailor also shall be a close

relative.

At the time of the release, the mother of the

juvenile/petitioner would be under an obligation to give a

personal affidavit that she shall look after the well being of

the juvenile and in case she finds that he is not responding

to the good counsel of the family members, the matter shall

be reported forthwith to the Juvenile Justice Board.

The Revision Petition is allowed and disposed off

accordingly.

skm/-

(Ashutosh Kumar, J)

U