IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.477 of 2011 PANKAJ KUMAR @ KARU …Petitioner Versus THE STATE OF BIHAR …Opposite party For the petitioner :Mr. Raj Bansh Dubey For the State :Mr.Ashok Kr. Singh, APP ----------- 03. 16.05.2011 Heard both sides. Petitioner who has been declared juvenile in conflict with law is facing charge punishable under section 304B IPC. He along with his full brother and father has been made accused in complaint case which was subsequently treated as an FIR u/ss 304B/498A IPC. The father of the petitioner, a co-accused, had solemnized marriage with the victim second time. Petitioner is, therefore, the step son. It is submitted that there is no witness to the allegation of demand of dowry followed by torture against the petitioner who was son of the victim. Learned counsel for the petitioner submits that full brother of the petitioner, in the facts and circumstances of the case, has since been privileged with anticipatory bail. It is next contended that there is no criminal antecedent against the petitioner and that he is in remand home since 05.01.2011. It is also submitted that the father although an accused is ready and willing to take control of the petitioner and to ensure that he does not fall prey to the company of known criminals. Since he himself is an accused, the present affidavit in 2 support of the application has been affirmed by own cousin brother of the petitioner. In the facts and circumstances of the case, this Court while setting aside the impugned order, directs release of the petitioner above named 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, Biharsharif, Nalanda in J.J.B. No.3/11 in connection with Complaint Case No. 1426 c/2010 arising out of Deepnagar P.S. Case No. 233/10 subject to the condition that one of the bailors shall be cousin brother of the petitioner and/or close family member. It shall be the duty of the said bailor to monitor his conduct and behaviour and to produce him before the court in person as and when required. In case of default in such appearance, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law. During the subsistency of the present privilege if it is found that the petitioner himself involved in any criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )