Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.518 of 2012 ====================================================== Md. Sattar, son of Md. Kabir, resident of Vill. Dighiya, P.S. Saharsa, Distt. Saharsa, through father/guardian-Md. Kabir, son of late Kamar Miyan, resident of Vill. Dighiya, P.S. Saharsa, Distt. Saharsa. .... .... 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 08-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The present revision 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 Principal Magistrate, Juvenile Justice Board, Saharsa on 03.01.2012 in G.R. Case No. 1203 of 2011 arising out of Saharsa Sadar P.S. Case No. 340 of 2011. The appeal was also dismissed on 18.02.2012 by the Sessions Judge, Saharsa in Cr. Appeal No. 03 of 2012. The petitioner is an accused in Saharsa Sadar P.S. Case No. 340 of 2011 registered for offence under [STATUTE] . Patna High Court CR. REV. No.518 of 2012 (2) dt.08-05-2012 2 Learned counsel for the petitioner submits that the petitioner himself surrendered on 16.08.2011 and since then is in custody. Learned counsel also submits that the allegation was that the petitioner had enticed away the granddaughter of the informant with bad intention. However, the so called victim girl made a statement under Section 164 of the Code of Criminal Procedure, 1973 on 18.08.2011 in which she has given a clean chit to the petitioner. The petitioner has been declared to be a juvenile and has clean antecedent. Learned counsel assails the order impugned on the ground that without there being any cogent material before the Court, prayer for bail has been rejected only on the assumption that his release was likely to bring him into association with known or unknown criminals or expose him to moral, physical or psychological danger and would defeat the ends of justice affecting the society in general. It is submitted that the same is erroneous since from the facts emanating it is clear that the incident, even if it is assumed to have happened, was the result of a love affair which cannot in any way be construed to be a threat to society in general. 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 Patna High Court CR. REV. No.518 of 2012 (2) dt.08-05-2012 3 each to the satisfaction of the Juvenile Justice Board, Saharsa in connection with G.R. Case No. 1203 of 2011 corresponding to Saharsa Sadar P.S. Case No. 340 of 2011. One of the bailors shall be the father of the petitioner. Both the bailor as well as the petitioner shall also execute a bond of good behaviour with an undertaking that he shall not indulge in any criminal activity. Any violation of the terms shall lead to cancellation of bail in the present case. The petitioner shall physically present himself before the Probation Officer, Saharsa at least once a month and also as and when directed by him. The Probation Officer, Saharsa shall maintain strict supervision over the petitioner. The order dated 18.02.2012 passed by the Sessions Judge, Saharsa in Cr. Appeal No. 03 of 2012 as well as the order dated 03.01.2012 passed by the Principal Magistrate, Juvenile Justice Board, Saharsa in G.R. Case No. 1203 of 2011 arising out of Saharsa Sadar P.S. Case No. 340 of 2011 are hereby set aside. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.