Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1391 of 2011 ====================================================== Nitish Kumar son of Late Ramkrit Mandal through his Mother namely Kisuniya Devi W/O, Late Ramkrit Mandal R/O,Vill.-Shahru, P.S.-Hathauri, Dist.-Samastipur. .... .... 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 5 03-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present 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, Samastipur on 27.04.2011 in Tr. No. 467 of 2011 arising out of Hathauri (Shivajinagar O.P. ) P.S. Case No. 70 of 2010. The appeal was also dismissed on 19.08.2011 in Cr. Appeal No. 30 of 2011 / 14 of 2011 by the 3rd Additional Sessions Judge, Samastipur. The petitioner is accused in the aforesaid Hathauri (Shivajinagar O.P.) P.S. Case No. 70 of 2010 registered for Patna High Court CR. REV. No.1391 of 2011 (5) dt.03-05-2012 2 offence under [STATUTE] . Learned counsel for the petitioner submits that his age has been assessed to be under 18 years and thus he is a juvenile. It is further submitted that he is in custody since 11.08.2010. With regard to the implication of the petitioner, it is stated that no offence has been committed by him and it is only on mere suspicion that he has been made an accused in the present case. Earlier by order dated 30.11.2011, the case diary had been called for. The same has since been received and is on record. Learned A.P.P., on the other hand, submits that as per the allegation, the petitioner is the person who came to the house of the deceased girl and on a wrong pretext took him to the mango orchard where she was rapped and killed in a very inhuman manner. He submits that in the case diary two other witnesses have supported the fact that the petitioner had come to the house of the victim girl and called her on the pretext that her brother was calling her to collect the wood for burning, as had been told to them by the mother of the deceased. Learned counsel submits that the manner of committing the crime shows that the petitioner needs serious psychiatric counselling and that it would not be in his interest to be released on bail. It is further submitted that it has come in the case diary that the petitioner in the past also has been Patna High Court CR. REV. No.1391 of 2011 (5) dt.03-05-2012 3 accused of teasing girls. Learned counsel further submits that Section 12 (1) of the Act stipulates that the person shall not be released if there appears to be reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. It is thus submitted that in the present case, it is very apparent that the petitioner is in psychological danger and needs serious counselling and that his release would defeat the ends of justice and also not be in the interest of the juvenile himself. Considering the facts and circumstances of the case, this Court is in agreement with the submissions of the learned A.P.P. for the State. The release of the petitioner does not seem to be proper in view of his psychological condition and this Court feels that it would also defeat the ends of justice. Accordingly, this application stands rejected. The Juvenile Justice Board, Samastipur is directed to take steps for getting the petitioner examined for determining his mental status and condition and accordingly ensure that he is treated properly. The Board shall also expeditiously complete the enquiry in the present case. 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.