Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1468 of 2011 Ramendra Kumar son of Krishna Nath Singh resident of village- Jigna, Krishna Prasad Ka Tola, P.S. Mirganj, District- Gopalganj. Under the Gardianship his mother Radhika Devi. ……… Petitioner. Versus The State of Bihar……. Opp.Party. ---------------------------------- 3 10.01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application has been filed for release of the petitioner on bail under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner is a co-accused in Mirganj P.S. Case No. 71/2000 dated 18.5.2011 under [STATUTE] . Earlier the prayer for bail had been rejected by order dated 28.7.2011 by the Juvenile Justice Board, Gopalganj in J.E. Case No. 55 of 2011 and Appeal filed was also rejected by order dated 18.10.2011 passed in Cr. Appeal No.31/2011 by the Sessions Judge, Gopalganj. Learned counsel for the petitioner submits that the petitioner has been declared as Juvenile being about 16 years of age. He submits that the allegation is omnibus and the only offence allegedly committed by the petitioner is that he had called the deceased, who 2 was also a minor, for watching the performance of orchestra party and it is alleged that next morning when the mother of the deceased went to answer the call of nature, she found her son dead in a field. Learned counsel submits that the informant and the accused including the petitioner are agnates and there is land dispute between them him. Learned counsel for the petitioner submits that in view of the fact that when dispute already existed, then the deceased could not have gone late at night with the petitioner without knowledge of his family members. He further submits that the petitioner being agnate of the family of the deceased and the informant, they could not have taken such a drastic step. This Court had earlier called for the case diary with regard to the investigation which has been received and from the case diary, it transpires that the submissions made by the learned counsel for the petitioner have been found to be so by the police. Learned A.P.P. from the case diary submits that the deceased was called for by the petitioner at night and there is land disputes and thus there is sufficient ground 3 for the petitioner and his family members to commit the offence. The petitioner is in custody since 11.6.2011. Considering the facts and circumstances of the case, let the petitioner be released on bail upon furnishing bail bond of Rs. 5000/- with two sureties of like amount each to the satisfaction of the Juvenile Justice Board, Gopalganj in connection with Mirganj P. S. Case No. 71/2011. One of the bailors should be a close relative of the petitioner, who is not an accused. The bailor should also execute a bond of good behavior before the Court concerned. The petitioner shall also physically present himself before the Probation Officer at least once a month and also as and when directed by him .The Probation Officer, Gopalganj shall maintain strict supervision over the petitioner. This application stands disposed off. Sudha (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.