IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.472 of 2010 MANJEET SINGH Versus STATE OF BIHAR ----------- 2 5.4.2010 This revision application is directed against the order dated 16.3.2010 passed by Sessions Judge, Rohtas at Sasaram in Criminal Appeal No. 4/2010 by which he dismissed the appeal and confirmed the order dated 27.1.2010 passed by Juvenile Justice Board, Rohtas at Sasaram in G.R.Case No. 2170/09/JJB no.417/2010 arising out of Kochas (Parasthua) P.S. Case No. 118/2009 whereby prayer for bail of the petitioner has been rejected. Heard learned counsel for the parties. Petitioner is alleged for killing his wife for demand of dowry. The Board as well as the Appellate Court are not found serious about observing the direction made in section 12 of Juvenile Justice (Care & Protection of Children) Act that juveniles are to be released on bail if three conditions mentioned in section 12 of the Act are absent. They are chances of association with known criminals on release or exposes to moral, physical or psychological danger or release would defeat the ends of justice 2 certainly if any of three conditions are present, bail can be refused but it is not for the Board or the appellate court to make such observation without any material. In rare cases certainly nature of offence can be said defeating ends of justice but that cannot be generalized. A minor is made accused, certainly liability is upon both the families but he would have effective control over the affairs of family cannot be believed. Material justifying presence of all the three conditions should be enumerated while refusing bail to the petitioner. Report of Probation Officer is there about having no criminal antecedent of petitioner. Discussed circumstances entitle him (petitioner) for bail which has not been taken into consideration by the Juvenile Justice Board or by the appellate court. Accordingly, the revision application is allowed and orders of both the courts below are set aside. let the above named petitioner 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 Juvenile Justice Board, Rohtas at Sasaram in G.R.Case No. 3 2170/09/JJB No. 417/2010 arising out of Kochas (Parasthua) P.S. Case No. 118/2009. One of the bailers shall be petitioner’s uncle who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)