IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1020 of 2009 MURARI JHA @ MURLI KANT JHA Versus STATE OF BIHAR ----------- For the petitioner: Mr. Jagdish Prasad No.1, Avocate. For the State: Mr. Indu Bala Pandey, APP 2 06.07.2009 Heard both sides. Petitioner is aggrieved by the appellate order dated 23.05.2009 passed in Cr. Appeal No. 40/2009 as also the original order dated 07.03.2009 passed by the Principle Magistrate, Juvenile Court, Muzaffarpur. By these two orders the prayer for bail made on behalf of the petitioner, who has already been declared juvenile, has been rejected. Petitioner faces accusations punishable under Section 384 of the Penal Code. Allegation against the petitioner is that he along with two others demanded ‘rangdari’ tax and when refused caught hold of the collar of the informant and snatched Rs. 8000/- from his pocket. The case was initially lodged in the year 2005 against one Murari Jha S/o Laxman Jha. It is the contention of the petitioner that the petitioner was never known by the name Murari Jha. Ultimately, the police sometimes in July, 2008 prayed for issuance of warrant of arrest against Murari Jha @ Murli Kant Jha (petitioner). It is further contended that petitioner thereafter surrendered and he is in custody since 01.12.2008. On his application, Juvenile Board declared him to be a Juvenile 2 under order dated 06.03.2009. Two affidavits affirmed by the father as well as elder brother of the petitioner have been filed. The father of the petitioner in the affidavit has stated as under: 3. That the deponent further most respectfully submits and undertakes that after release of the petitioner son Murli Kant Jha @ Murari Jha the deponent will take full care of his son and he will also keep the knowledge of his identity and will not allow him to mix with any known criminal of the area. 4. That the deponent further undertakes that the release of his son Murli Kant Jha @ Murari Jha will not allow to defeat the ends of justice because the deponent will always take care and see that all the acts done by his son for the benefit and welfare of the society. 6. That the deponent further undertakes that the deponent will keep strict watch over his son Murli Kant Jha @ Murari Jha after his release and if the deponent finds that his son is not obeying the dictates of the deponent the deponent himself will come forward and prayed before the Hon’ble court for cancellation of bail bound of his son and for issuance of warrant or taking him in custody in this case.” It is to be taken note of that the present application is supported by an affidavit affirmed by the own full brother of the petitioner, namely, Chandra Sekhar Jha. Learned counsel for the petitioner assures this court that the deponents of these two affidavits will sincerely abide by the statements which have been made before the Court on affidavit. In the facts and circumstances of the case, petitioner above named, is directed to 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 the Juvenile Justice Board, 3 Muzaffarpur, in connection with Katra P.S. Case No. 108 of 2005, subject to the following conditions: (i) One of the bailors shall be either his father or his full brother. (ii) The bailors (full brother/father) shall abide by the undertakings given before this court and taken note of herein above. Sym/ (Kishore K. Mandal, J.)