IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18778 of 2009 1. VIJAY KANT JHA, son of Late-Baidy Nath Jha 2. ANITA DEVI, wife of Vijay Kant Jha, both resident of village-Laufa, Police Station-Lakhnaur, District-Madhubani. .........Petitioners. Versus The State Of Bihar ......Opposite Party. ----------- 02. 27.05.2009 Perused the order of the learned Sessions Judge, Madhubani. He has himself determined the age of one of the co-accused persons namely Santosh Jha @ Santosh Kumar Jha as a minor boy of about fifteen years of age. Oblivious of the provisions of the Juvenile Justice Act and the rules framed thereunder, he has order the said juvenile to be released on bail when such provision did not apply. A juvenile can not be proceeded against in any manner and has to be dealt with under the Juvenile Act. Be that as it may, petitioners are the father-in- law and mother-in-law of the complainant. Though petitioners are alleged to be residing at Madhubani, in fact petitioner No. 1 is in service in a paper mill at Punjab and at the relevant time, he was there as certified by Annexure-2. The manner in which the allegations are made in the complaint clearly show that there is a great need of conciliation between the parties and such a 2 conciliation can not happen if parties are sent to jail. Any chance of conciliation succeeding at any point of time would be irretrievable broken if such an event occurs. In the facts and circumstances stated above, let the petitioners namely 1. Vijay Kant Jha 2. Anita Devi, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, District-Madhubani in connection with Madhepur(Lakhanour) P.S. Case No. 254 of 2008 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Navaniti Prasad Singh, J.)