Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.475 of 2012 ====================================================== Bikku Kumar, son of Sri Ramanand Yadav (under the guardianship of his brother Guddu Kumar), resident of Vill. Jalalpur, P.S. Kako (Bhelawar), Distt. Jehanabad. .... .... 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 27-04-2012 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 by the Juvenile Justice Board, Jehanabad on 27.01.2012 in Tr. No. 441 (J) of 2011. The appeal was also dismissed on 15.03.2012 by the District and Sessions Judge, Jehanabad in Cr. Appeal No. 07 of 2012. The petitioner is one of the named accused in Kako (Bhelawar) P.S. Case No. 136 of 2011 dated 26.06.2011 originally registered for offence under [STATUTE] . Later on Section 302 was also added. Patna High Court CR. REV. No.475 of 2012 (2) dt.27-04-2012 2 Learned counsel for the petitioner submits that the case is the result of alleged family dispute and the rival parties are agnates. The genesis is that for a piece of land both the sides had altercation which resulted in the incident and there is case and counter case. It is further submitted that from the F.I.R. itself the role attributed to the petitioner is that, at the call of his father he brought a garasa which he gave to his father who assaulted the informant and his father. The petitioner is said to have assaulted with sickle. Learned counsel has drawn the attention of this Court to the postmortem report in which as per the opinion of the doctor, the death had occurred due to blow from hard blunt substance and since the specific allegation in the F.I.R. is that the petitioner gave sickle blow which is a sharp edged weapon, the allegation itself prima facie appears to be false and fabricated. Learned counsel submits that as per the assessment of the Juvenile Justice Board, the age of the petitioner on the date of occurrence is 15 years 6 months and 7 days. It is further submitted that the petitioner is pursuing his study and has clean antecedent. Learned counsel states that the brother of the petitioner who is not an accused in the case has also undertaken to take proper care of the petitioner so that he does not get into the company of any known criminal or otherwise does not commit any criminal offence. The petitioner is Patna High Court CR. REV. No.475 of 2012 (2) dt.27-04-2012 3 in custody since 03.09.2011. Learned counsel further assailed the appellate order submitting that ground for rejection of prayer for bail to the petitioner being that his parents are accused in the instant case is erroneous since the brother who has also affirmed the affidavit in the present case has undertaken to take proper care of the petitioner. Learned A.P.P. for the State, on the other hand, submits that there is no infirmity in the order impugned as well as the reasoning given in the said order. He submits that the family of the petitioner being accused, if he is released on bail, he shall also come under influence of his close family members and the atmosphere prevailing at his house is not conducive for him. Learned counsel for the petitioner, by way of reply, submits that the submission is misconceived inasmuch as the petitioner having clean antecedent and the incident even if for the sake of argument is taken to have occurred in the manner described in the F.I.R., it was at best in the heat of the moment and the petitioner was not consciously or deliberately party to it. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Jehanabad in Patna High Court CR. REV. No.475 of 2012 (2) dt.27-04-2012 4 connection with Tr. No. 441 (J) of 2011 corresponding to Kako (Bhelawar) P.S. Case No. 136 of 2011. One of the bailors shall be Guddu Kumar, who is the brother of the petitioner. Both the bailor and the petitioner shall also execute a bond of good behaviour with an undertaking that he shall not be involved in any criminal activity. Any breach of the terms and conditions shall result in cancellation of the bail in the present case. The petitioner shall physically present himself before the Probation Officer, Jehanabad at least once a month and also as and when directed by him. The Probation Officer, Jehanabad shall maintain strict supervision over the petitioner. Accordingly, the order dated 15.03.2012 passed by the District and Sessions Judge, Jehanabad in Cr. Appeal No. 07 of 2012 as well as the order dated 27.01.2012 passed in Tr. No. 441 (J) of 2011 by the Juvenile Justice Board, Jehanabad are set aside. This application, accordingly, stands disposed off. Let the order be communicated to the court below through fax at the cost of the petitioner. Anjani/- (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.