Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.80 of 2012 ====================================================== Dilip Kumar, S/O Ram Chandra Yadav, Resident Of Village- Onta Madarpur, P.S.- Jehanabad, District- 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 3 21-02-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Pursuant to the order dated 17.01.2012, the Probation Officer, Jehanabad has submitted a report which is on record. From going through the said report, it transpires that the petitioner has criminal antecedent as he is accused in another case registered under [STATUTE] . Even the father of the petitioner is facing trial in a criminal case. The Probation Officer, Jehanabad in his report has also stated that the father of the petitioner was not inclined to meet him and the mother was also non-cooperative. Even the neighbours have not given a good report with regard to the petitioner and his family and it is stated that the mother has even told the Probation Officer that her Patna High Court CR. REV. No.80 of 2012 (3) dt.21-02-2012 2 husband and children were used to drinking. The petitioner is also involved in the looting of mobile sets. Learned counsel for the petitioner submits that the petitioner has been declared to be a juvenile and he is in custody for almost six months and deserves the privilege under the Juvenile Justice (Care and Protection of Children) Act, 2000. It is also submitted by him that another co-accused namely, Shaurabh Kumar has been granted bail by order dated 22.12.2011 in Cr. Revision No. 1452 of 2011 by a co-ordinate Bench of this Court. A web copy of the order has been produced before this Court, which is being kept on record. In view of the aforesaid, he submits that the petitioner may be also granted bail. Learned Additional Public Prosecutor for the State on the other hand has submitted that it is for the benefit of the petitioner himself that he remains in the remand home since in view of the background of the company he is likely to get upon release, shall not be for the benefit of the juvenile. This Court has considered the submissions of the learned counsel for the petitioner as well as learned A.P.P. for the State. Though, Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 stipulates that a juvenile be released on bail but the stipulation is that he shall not be released if there appear Patna High Court CR. REV. No.80 of 2012 (3) dt.21-02-2012 3 reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. In the present case, the report of the Probation Officer, Jehanabad is quite detailed and has thrown light with regard to the atmosphere which prevails in the household of the petitioner as well as the perception among the neighbours of the locality. Even the recommendation of the Probation Officer, Jehanabad is against his release on bail though he states that he may be involved in some community work. Even otherwise the father of the petitioner is himself facing trial in criminal cases and the mother was also non-cooperative and the neighbours were also of the opinion that he does not have good company and is involved with anti social elements. These factors which are relevant to consider the case of juvenile in conflict with law, but in the present case, it is important to keep in mind as to whether the release of the petitioner shall benefit him or go against him and be counter productive. The Court cannot shut its eyes to the facts and circumstances of the case so that it does not defeat the ends of justice. Upon considering the facts and circumstances of the case in totality as well as in view of the discussions made hereinabove, Patna High Court CR. REV. No.80 of 2012 (3) dt.21-02-2012 4 this Court is not inclined to release the petitioner on bail. However, the In-charge of the remand home in which the petitioner is presently staying, shall take suitable steps to involve the petitioner in community service as well as in such fields and areas where he is able to get over his criminal bent of mind and be able to come into main stream of society whenever he is released from the remand home. The Probation Officer, Jehanabad shall also take special interest in the case of the petitioner and monitor his case and suggest various schemes to the In-charge of the remand home with regard to the schemes in which the petitioner can be gainfully engaged during the period of his staying in the remand home. The case of the petitioner may be reviewed after six months based on the report received from the In-charge of the remand home as well as the Probation Officer, Jehanabad. Let this order alongwith order dated 17.01.2012 be communicated to the Juvenile Justice Board, Jehanabad for compliance. This application accordingly, stands disposed off. 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.