IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.657 of 2011 RANJAN KUMAR @ RANJAN SINGH @ ZILA SON OF LATE RAM UDAY SINGH, R/O VILLAGE- MAHENDRAPUR,P.S.,- NAYAGAON, DISTRICT- BEGUSARAI UNDER THE GUARDIANSHIP OF HIS BROTHER NAMELY, RAJESH KUMAR Versus THE STATE OF BIHAR ----------- 2 07/06/2011 This criminal revision application has been filed against the order dated 25.4.2011 passed in Cr. Appeal No. 36 of 2011 by the learned Sessions Judge, Begusarai whereby the order refusing bail to the petitioner dated 30.3.2011 passed in G.R. No. 2386 of 2010 arising out of Nayagaon P.S. Case No. 41 of 2010 by the Juvenile Justice Board, Begusarai was confirmed. Nayagaon P.S. Case No. 41 of 2010 was registered under Sections 304B, 201/34 of the Indian Penal Code with regard to death and cremation of informant’s daughter Shobha Devi who was married with Rajiv Singh @ Gudri Singh 7 years prior to the occurrence. It is alleged that the victim was being tortured by her in-laws in connection with dowry related demand and when she failed to get the desired dowry articles then she was killed and her dead body was disposed of. The petitioner is the younger brother of the husband of the deceased. When this petitioner was taken into 2 custody then he took plea of being juvenile and he is entitled to be released on bail under the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the Act). Submission is that the minor younger brother of the husband of the deceased has no concern with the day to day activity of the deceased or her husband and he has no control over the affairs of the family. Having gone through the record, it appears that on the plea of being juvenile an inquiry was conducted by the Juvenile Justice Board and after due inquiry the petitioner was declared to be juvenile under the provisions of the Act so he is entitled to be released on bail. Even on merit also the petitioner is the younger brother of the husband of the deceased so he has no concern with the day to day affairs of the deceased and her husband. Considering the facts and circumstances of the case, the impugned orders are set aside and the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount 3 each to the satisfaction of the Juvenile Justice Board, Begusarai in connection with G.R. No. 2386 of 2010 arising out of Nayagaon P.S. Case No. 41 of 2010 with condition that one of the bailors should be the brother (Rajesh Kumar) of the petitioner who will file an affidavited undertaking before the court below stating that he will ensure that after release the petitioner is not allowed to associate himself with the known criminals of the society and will not expose to moral, physical or psychological danger or his release would not defeat the ends of justice. In the result, this revision application is allowed. Avin (Shyam Kishore Sharma, J.)