IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22170 of 2009 MANISH KUMAR, son of Hari Thakur, Resident of Bhowara Kadam Chowk, Madhubani, P.S.-Madhubani, District-Madhubani. ……Petitioner Versus The State Of Bihar ……..Opposite Party. ----------- 02. 20.07.2009 The petitioner apprehends arrest in Madhubani Town P.S. Case No. 116 of 2009 instituted under Section 307 and other Sections of the Indian Penal Code. It is alleged that the petitioner had called the informant to accompany him to a fair that was being held at the Madhubani Airport. The informant refused to come on which he said to have been assaulted by the petitioner that floated causing injury on the neck. Injury report shows it to be a simple injury. It is submitted that in fact there was a scuffle between the two while flying kite. Both are young boys in fact minors. This fact was also raised before the learned Sessions Judge while moving for Anticipatory bail but the learned Sessions Judge has glossed over the matter without taking note of responsibility that is cast upon him in terms of the Juvenile Justice (care and protection of children) Act, 2000 wherein a juvenile in conflict with law can not be treated like other accused persons. A supplementary counter affidavit has been filed - 2 - today in which it is stated that the petitioner and the informant have compromised the matter and a petition has been filed in this regard. Be that as it may, let the petitioner namely Manish Kumar, in the event of his 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) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 116 of 2009 subject to the conditions as laid down under Section 438(2) Cr. P.C. On petitioner appearing before the Chief Judicial Magistrate he would see whether the petitioner is minor or not. If he is a minor, he would accordingly be dealt with under the provision of the Juvenile Justice(care and protection of children) Act, 2000. Shageer (Navaniti Prasad Singh, J)