IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1952 of 2009 RANJAN YADAV Versus STATE OF BIHAR ----------- 3 14.1.2010 Heard learned counsel for the parties. This revision application is directed against the judgment and order dated 20.10.2009 passed in Cr.Appeal No. 17/2009 by Sri Ranjan Kumar Sanyal, Sessions Judge, Saharsa whereby he has rejected the prayer for bail of the petitioner and uphold the order dated 24.7.2009 passed by Sri K.R.Singh, Judicial Magistrate cum Juvenile Justice Board, Saharsa in G.R.Case No. 1380/07 corresponding to Saharsa Sadar P.S.Case No. 390/07. Saharsa Sadar P.S.Case No. 390/07 lodged for kidnapping of one Sourabh Kumar under section 363 IPC in which charge sheet submitted under section 364A IPC naming this petitioner also. According to learned counsel, section 364 A IPC is not applicable because none of the witnesses from victim’s family or victim himself is stating about demand of any ransom. For section 363 IPC it is said that offence is bailable. Further submission is that principle and strictness guiding the refusal of bail is diluted by section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred to as ‘the Act’) by making provision or refusal of bail only if there is reasonable ground for believing that release is likely to bring a juvenile in conflict with law in association with any known criminal or expose him to moral, physical or psychological danger or that his 2 release would defeat the ends of justice. According to learned counsel, without the aid of section 12 of the Act, bail can be allowed, finding absence of intention of kidnapping and petitioner remained in custody since 20.2.2009. Further according to learned counsel, only involvement of two other criminals namely Chabbi Yadav (who is shot dead in police encounter) and Kajal Yadav having criminal antecedents, may never made the case of refusal of bail. Certainly the above points are not taken into consideration by both the courts below, so the conclusion reached by them is not liable to sustain. This revision application is allowed and orders of both the courts below are set aside. Let the above named 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 Juvenile Justice Board, Saharsa in G.R.Case no. 1380/07 corresponding to Saharsa Sadar P.S. case no. 390/07. It is made clear that one of the bailors shall be petitioner’s father who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. Let this order be communicated to the court below through fax at the cost of the petitioner. A.I (Mandhata Singh, J.)