Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1312 of 2011 ====================================================== Sarvjeet Kumar @ Chhachhani Kumar, S/O Deomuni Chaudhary, R/O Village - Kajharghat, P.S. Kudra, Distt. – Kaimur (Bhabhua). .... .... Petitioner/s Versus The State Of Bihar. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 26-03-2012 Heard Dr. Amarendra Kumar, learned counsel for the petitioner, Mrs. Indu Bala Pandey, learned A.P.P. for the State and Mr. Sanjay Kumar @ Manu, learned counsel for the informant, who has suo motu appeared. This application has been filed for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’). Earlier such prayer was rejected by the Juvenile Justice Board, Kaimur, Bhabhua in Juvenile Trial No. 264 of 2011, G.R. Case No. 321 of 2011. The appeal was also dismissed by the Sessions Judge, Kaimur, Bhabhua on 18.08.2011 in Criminal Appeal (Juvenile) No. 22 of 2011. The petitioner is accused in Kudra P.S. Case No. 46 of 2011 registered for offence under [STATUTE] . Patna High Court CR. REV. No.1312 of 2011 (4) dt.26-03-2012 2 Earlier the report form the Probation Officer, Kaimur (Bhabhua) as well as the case diary of Kudra P.S. Case No. 46 of 2011 were called for. The same have since been received and are on record. Learned counsel for the petitioner submits that the petitioner has been declared to be a juvenile in conflict with law and on the alleged date of occurrence, the age of the petitioner was about 15 years. It is submitted that there are no eye witnesses and only on the basis of suspicion, the petitioner has been made an accused. Learned counsel has also submitted that the petitioner has clean antecedent and that he has been falsely implicated only on the basis of suspicion. The date of occurrence is 04.03.2011 and the petitioner voluntarily surrendered on 09.03.2011 and since then is in custody. Learned A.P.P for the State, on the other hand, has assisted the Court on the basis of the case diary and has submitted that there is strong circumstantial evidence and that the petitioner was earlier also alleged to have teased the victim girl about which she had complained to her family members. The co-villagers are also said to have seen the petitioner returning from the fields from where the body has been recovered in a state of bewilderment. Learned counsel for the informant has also vehemently opposed the prayer for bail to the petitioner on the ground that a minor girl has been brutally murdered. Patna High Court CR. REV. No.1312 of 2011 (4) dt.26-03-2012 3 The report of the Probation Officer, Kaimur (Bhabhua) states that the neighbours and co-villagers of the petitioner have expressed their opinion that the petitioner has been falsely implicated due to jealousy and conspiracy. It is also submitted that they have sympathy for the family and there is no complaint against them. There is also a recommendation for his release under the Act. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Kaimur, Bhabhua in connection with Juvenile Trial No. 264 of 2011 relating to Kudra P.S. Case No. 46 of 2011. One of the bailors should be the father of the petitioner. Both the petitioner as well as father shall also execute a bond of good behaviour before the court concerned. The petitioner shall physically present himself before the Probation Officer, Kaimur, Bhabhua at least once a month and also as and when directed by him. The Probation Officer, Kaimur, Bhabhua shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.