IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1492 of 2009 SANTOSH SHARMA, S/o Ram Chandra Thakur @ Ram Chandra Sharma, R/o Vill. Mohanpur, P.S. Kurahni, Dist. Muzaffarpur Versus The STATE OF BIHAR ------ For the petitioner : Mr. Pranav Kumar Mr. Rajeev Ranjan No.1. For the State : Mr. S.Dayal (A.P.P.) ------- 2/ 11.09.2009 Heard both the parties. The revision application is being disposed of at the stage of admission on merit. Submission of the learned counsel for the petitioner is that though petitioner has also been shown as culprit who committed dowry death of informant’s daughter, Chunmun but there is no allegation against this petitioner that he ever made any demand or caused torture upon the deceased, rather his age has been assessed 13 years. So, he has been declared hostile. Having privilege under Section 12 also, he remained in custody since 11.11.2008. I am also of the view that no liberal view should be taken for culprits of Section 304 of I.P.C. cases but that never mean that family member of any age group may be fixed equal liability. In the case, no allegation against this petitioner is about making demand for causing of cruelty nor that can be only a vague allegation is leveled for killing, even then his prayer for bail has been refused by the Juvenile Justice Board as well as by the Fist Additional Sessions Judge, Muzaffarpur which in no case can be left to remain sustained. 2 Accordingly, the Judgment and order dated 14.07.2009 passed by the 1st Additional Sessions Judge, Muzaffarpur in Criminal Appeal No. 77 of 2009 and the order dated 06.06.2009 passed by the Juvenile Justice Board, Muzaffarpur in Kurhani P.S. Case No. 345 of 2008 are set aside. Above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal magistrate, Juvenile Justice Board, Muzaffarpur in connection with Kurhani P.S. Case No. 345 of 2008. One of the bailer shall be the grand-father of the petitioner, who would undertake to keep the petitioner under his observation and produced whenever is required by the Juvenile Justice Board or Court. shail (Mandhata Singh, J.)