Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1287 of 2011 ====================================================== Ramesh Yadav son of Brahmdeo Yadav and Protection, resident of village Kariya, P.S. Barhat, District- Jamui. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 31-01-2012 Heard Learned counsel for the petitioner and learned A.P.P. for the State. This 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 by the Juvenile Justice Board, Jamui in G.R. No. 896 of 2011 dated 12.9.2011 and the Appeal was also dismissed by order dated 24.9.2011 by the District and Sessions Judge, Jamui in Cr. Appeal No. 39/2011. The petitioner is accused in Barhat P.S. Case No. 42/2011 Patna High Court CR. REV. No.1287 of 2011 (4) dt.31-01-2012 2 / 4 2 registered under [STATUTE] . Earlier, by order dated 18.10.2011, report was called for from the Probation Officer, Jamui regarding antecedent and character of the petitioner and subsequently by order dated 14.12.2011 a carbon copy of the case diary was also 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 and his age has been assessed between 16 to 17 years. Learned counsel further submits that after lodging of the FIR on 23.6.2011, the informant has also filed Complaint Case No. 763C/2011 on 27.6.2011 with regard to the same incident and upon comparison of the two, it transpires that the informant has tried to improve her case by alleging actual rape in the subsequent complaint. The father of the petitioner has been made an accused in the complaint case though not an accused in the FIR. Learned counsel further submits that the petitioner has been falsely implicated due to the fact that the informant was cutting the grass from the field of the petitioner, which was objected to and only to take revenge against the petitioner a false case has been filed. Patna High Court CR. REV. No.1287 of 2011 (4) dt.31-01-2012 3 / 4 3 Learned counsel submits that the injury report of the informant discloses that she did not suffer any major injury on her person. Learned counsel submits that the petitioner has clean antecedent and is in custody since 19.7.2011. The report of the Probation Officer, Jamui is also favourable and states that the petitioner and his family members are peace loving and did not involved in any crime. It is stated that the petitioner has elder brother and sister. The elder brother had died two months back and sister was married and living with her husband away from the petitioner. It is stated that the family of the petitioner earns by doing labour and has a mud hut for living. Learned A.P.P. for the State, from the case diary, submits that there is no major incriminating evidence available in the case diary. 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 the like amount each to the satisfaction of the Juvenile Justice Board, Jamui in G.R. No. 896/11 arising out of Barhat P.S. Case No. 42/2011. One of the bailors should be the mother of the petitioner who shall also execute a bond of good Patna High Court CR. REV. No.1287 of 2011 (4) dt.31-01-2012 4 / 4 4 behavior with regard to the petitioner. The petitioner shall physically present himself before the Probation Officer, Jamui at least once a month and also as and when directed by the Probation Officer, Jamui who shall maintain strict supervision over the petitioner. The application accordingly stands disposed off. Sudha/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.