Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.470 of 2012 ====================================================== Rahul Singh, son of Lalji Singh, resident of Vill Khanpur, P.S. Derni, Distt. Saran (under the guardianship of his father Lalji Singh). .... .... 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 2 26-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present revision application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected on 22.02.2012 by the Juvenile Justice Board, Saran, Chapra in Juvenile Enquiry No. 173 of 2012 arising out of Maker P.S. Case No. 45 of 2011. The appeal was also dismissed on 23.03.2012 by the Sessions Judge, Saran at Chapra in Cr. Appeal No. 25 of 2012. The petitioner has been made an accused in Maker P.S. Case No. 45 of 2011 dated 07.09.2011 registered for offence under [STATUTE] subsequently as it was initially against unknown persons. Learned counsel for the petitioner submits that present Patna High Court CR. REV. No.470 of 2012 (2) dt.26-04-2012 2 is the peculiar case in which the informant who is the son-in-law and brother-in-law of the deceased ladies was the informant but later on became the main accused. It is only on the confessional statement of the said informant namely, Chandan Kumar and another co-accused namely, Rakesh Kumar that the petitioner has also been implicated in the case. It is further submitted that the petitioner has been declared to be a juvenile and has clean antecedent. He is in custody since 14.09.2011. Learned counsel has drawn the attention of this Court to Annexure-3 of the present application which is order dated 09.12.2011 in Juvenile Trial No. 664 of 2011 by which the other co-accused namely, Rakesh Kumar has been granted bail by the Juvenile Justice Board itself. A web copy of the order dated 10.04.2012 passed by a co-ordinate Bench of this Court in Cr. Misc. No. 9056 of 2012 has also been produced before this Court by which the main accused namely, Chandan Kumar who was not a juvenile, has been granted bail. Let the same be kept on record. Learned counsel has assailed the appellate order on the ground that without any basis the rejection is on the ground that other associates of the petitioner are either absconding or on bail and thus the petitioner would come into association with them. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Patna High Court CR. REV. No.470 of 2012 (2) dt.26-04-2012 3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saran, Chapra in connection with Juvenile Enquiry No. 173 of 2012 corresponding to Maker P.S. Case No. 45 of 2011. One of the bailors should be the father of the petitioner. Both the bailor as well as the father shall also execute a bond of good behaviour before the court concerned with an undertaking that the petitioner shall not indulge in any criminal activity. Any violation of the terms and conditions shall lead to cancellation of the bail in the present case. The petitioner shall physically present himself before the Probation Officer, Saran at least once a month and also as and when directed by him. The Probation Officer, Saran shall maintain strict supervision over the petitioner. Accordingly, the order dated 23.03.2012 passed by the Sessions Judge, Saran at Chapra in Cr. Appeal No. 25 of 2012 as well as the order dated 22.02.2012 passed by the Juvenile Justice Board, Saran, Chapra in Juvenile Enquiry No. 173 of 2012 arising out of Maker P.S. Case No. 45 of 2011 are set aside. This application 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.