Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1342 of 2011 Gandhi Dubey @ Ashutosh Kumar, Son of Late Pasupati Dubey, Resident of village-Hakama, P.S.-Mohammadpur, District-Gopalganj. Under Guardianship of his mother, Most. Kusum Devi, W/O Late Paspat Dubey, resident of village-Hakam, P.S.Mohammadpur, District-Gopalganj------Petitioner Versus The State Of Bihar----Opposite Party. ---------------------------------- 03. 06.01.2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. This revision application is for grant of bail to the petitioner who is accused in Mahammadpur P.S.Case No.58 of 2011 under [STATUTE] . The Principal Magistrate, Juvenile Justice Board, Gopalganj by order dated 03.09.2011 passed in J.E.79 of 2011 had rejected the prayer for bail and the Sessions Judge, Gopalganj in Cr.Appeal No.37 of 2011 by order dated 21.09.2011 has also rejected the prayer for bail. Learned counsel for the petitioner submits that as per the finding of the Juvenile Justice Board, Gopalganj the petitioner is 15 years and five months old. He submits that though injury has been caused on the informant but in view of the 2 tragic circumstances of the petitioner in the sense that he has only a widow mother and a widow sister-in-law(Bhabhi) and the informant was also trying to outrage her modesty, as such the incident had occurred. He also submits that there is also a counter case lodged and the petitioner being a juvenile and with a clean track record should be shown indulgence and granted the benefit under the Juvenile Justice(Care and Protection of Children)Act, 2000. By order dated 04.11.2011, a report was called for from the Probation Officer, Gopalganj. The same has since been received and is on record. From perusal of the report it transpires that the petitioner is student of class-Xth and has a widow mother and sister-in-law(Bhabhi). There has not been any complaint from the neighbours. In the end, there is recommendation that he may be released and given benefit under the Juvenile Justice(Care and Protection of Children)Act, 2000. Considering the facts and circumstances of the case, let the 3 petitioner, namely, Gandhi Dubey alias Ashutosh Kumar be released on bail upon furnishing bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Gopalganj in connection with Mahammadpur P.S.Case No.58 of 2011. One of the bailors shall be the mother of the petitioner who shall also execute a bond with regard to good behaviour of the petitioner. The petitioner shall physically present himself before the Probation Officer, Gopalganj at least once a month and also as and when required by the Probation Officer, Gopalganj. The Probation Officer, Gopalganj shall keep the petitioner under his strict supervision. This application accordingly stands disposed off. B.Kr. (Ahsanuddin Amanullah,J.)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.