IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.440 of 2011 KUNDAN KUMAR @ KUNDAL MANDAL Versus THE STATE OF BIHAR ----------- 03 12.05.2011 Heard learned counsel for the petitioner and the State. Petitioner is declared juvenile in conflict with law. He is facing charge along with his family members punishable under Section 364 /34 of the Penal Code. The occurrence, as per the complaint, had taken place on 31.01.2005 when the petitioner along with other co-accuseds are said to have arrived at the house of the informant and took his son on some plea. Accuseds are in-laws of the son of the informant. A belated complaint was lodged which was treated as an F.I.R. and after due investigation, final form was submitted holding therein that the case was not true. Learned Magistrate differing with the report took cognizance. Petitioner having failed to obtain anticipatory bail surrendered and made a claim for being declared juvenile which was allowed. He is in custody/remand home since 18.01.2011. Learned counsel for the petitioner submits that other co- accuseds of the present case have since been released on bail vide order dated 17.09.2010 (Annexure-7).There is no criminal antecedent of the petitioner. Considering the facts and circumstances of the case, his continuous lodgment in remand home would be violative of the provision contained under Section 12 of the Juvenile Justice (Care & Protection of Children Act), 2 2000 (For short ‘the Act’). It is submitted with reference to averments made in para 19 that the mother of the petitioner would take upon herself responsibility respecting the petitioner, if released on bail. A report from the concerned Probation Officer was called for which is placed at Flag-A. It appears therefrom that petitioner belongs to a family which is a well knit one and there is no murky past against any member of the family including the petitioner. It is stated in para 20 of the bail application that petitioner has no criminal antecedent and there is no possibility of petitioner’s failing in association with hardened /known criminals. Having considered the submissions, this Court, while setting aside the impugned order, directs release of the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Nalanda at Biharsharif in connection with J.J.B. case no. 13 of 2011, arising out of Noorsarai P.S. case no. 76 of 2005, arising out of compliant case no. 207( c) of 2005, Subject to the following conditions:- (i) One of the bailors shall be the own uncle/cousin brother of the petitioner. (ii) It shall be the duty of the bailors to produce the petitioner in person before the Court below as and when required. In case of default in such appearance, the trial Court shall have liberty to cancel the bail bond of the petitioner and secure his 3 arrest in accordance with law. (iii) During subsistency of the present privilege of bail, if it is found that the petitioner has involved himself in another criminal case the same shall be treated as breach of the condition of bail entailing cancellation. Sym (Kishore K. Mandal, J.)