Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.137 of 2012 ====================================================== Santosh Kumar @ Rajesh Kumar, S/O Shri Dilip Prasad Yadav, Resident Of Village- Dhab, P.S.- Sirdala, District- Nawada. .... .... 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 3 03-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. 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. Earlier such prayer was rejected by the Juvenile Justice Board, Nawada in G.R. No. 2297 of 2009 / 207 of 2011 by order dated 01.12.2011 and the appeal was also dismissed by order dated 04.01.2012 passed in Cr. Appeal (Juvenile) No. 51 of 2011 by the Sessions Judge, Nawada. The petitioner has been made an accused in Rajauli P.S. Case No. 186 of 2009 registered for offence under Section 364 (A) of the Indian Penal Code and later on [STATUTE] were also added. Patna High Court CR. REV. No.137 of 2012 (3) dt.03-04-2012 2 Learned counsel for the petitioner submits that in the present case the petitioner has been made an accused and arrested only on the basis of suspicion and nothing incriminating in the eye of law has come even during the entire investigation. It is only the confessional statement of the petitioner which is against him. It is further submitted that except for an allegation that the deceased had been invited by the petitioner to accompany him on his motorcycle and two witnesses had last seen the deceased with the petitioner alongwith another co-accused, namely, Sandip Kumar, there is no other material to connect the petitioner with the alleged crime. Learned counsel submits that the petitioner was declared to be a juvenile and his age has been assessed to be 16 years 9 months and 19 days on the alleged date of occurrence. It is further submitted that the petitioner has clean antecedent and is in custody since 30.12.2009. Learned counsel for the petitioner has produced a web copy of the order dated 27.01.2012 passed in Cr. Revision No. 118 of 2012 by which this Court had granted bail to another co- accused, namely, Sandip Kumar @ Raj Kumar. Let the same be kept on record. It is submitted that the case of the petitioner and above named Sandip Kumar is similar. Patna High Court CR. REV. No.137 of 2012 (3) dt.03-04-2012 3 Earlier by order dated 02.02.2012, the legible copy of the case diary as well as report of the Probation Officer, Nawada was called for. The same have since been received and are on record. Learned A.P.P. for the State, from the case diary, submits that the offence is heinous and the petitioner alongwith Sandip Kumar was last seen with the deceased. The report of the Chief Probation Officer, Home (Prison) Department, Nawada does not disclose anything which goes against the petitioner being released on bail. The antecedent and character of the petitioner as well as of the family has been found to be clean and normal. There is also no complaint from the neighbours. In the end, the Chief Probation Officer has recommended that the petitioner may be released on bail and be directed to be under the supervision of the Probation Officer. Considering the facts and circumstances of the case, let the petitioner, namely, Santosh Kumar @ Rajesh Kumar be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Nawada in connection with Rajauli P.S. Case No. 186 of 2009. One of the bailors shall be the father of the petitioner. Both the petitioner as well as father shall also execute a bond of Patna High Court CR. REV. No.137 of 2012 (3) dt.03-04-2012 4 good behaviour with an undertaking that he shall not indulge in any criminal activity. Any violation of the terms of the bond shall lead to cancellation of the bail granted to the petitioner in the present case. The petitioner shall physically present himself before the Probation Officer, Nawada at least once a month and also as and when directed by him. The Probation Officer, Nawada shall maintain strict supervision over the petitioner. This application accordingly stands disposed off. Anjani/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 321

Statute Text:
Section 321 of the Indian Penal Code. None. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".