IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.651 of 2011 AASHU KUMAR @ ASHISH RANJAN SINGH (THROUGH HIS LEGAL AND NATURAL GUARDIAN) I.E. HIS FATHER GIRISH KUMAR SINGH @ CHANGO SINGH, SON OF MAHESHWAR SINGH, R/O VILLAGE- BHADAUR, P.S.- JAMUI, DISTRICT- JAMUI Versus THE STATE OF BIHAR ----------- 2 07/06/2011 This criminal revision application has been preferred by the petitioner against the order dated 17.5.2011 passed by the learned Sessions Judge, Jamui in Criminal (Juvenile) Appeal No. 21 of 2011 by which order refusing bail dated 16.4.2011 in G.R.No. 1712 of 2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Jamui has been confirmed. Grievance of the petitioner is that though he has been declared juvenile by the Juvenile Justice Board but he has not been extended the benefits of the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the Act). The case was registered under Sections 364, 364 A/34 of the Indian Penal Code regarding alleged abduction of the informant’s brother Pintu Kumar. Submission is that though Pintu Kumar was examined under section 161 Cr.P.C. but he has not named the petitioner there and later on he has fabricated the evidence against the petitioner by naming 2 him in his statement under Section 164 Cr.P.C. It is further submitted that the petitioner has taken plea of being juvenile and the Juvenile Justice Board, Jamui after due inquiry declared the petitioner to be juvenile vide order dated 18.3.2011 passed in G.R. No. 1712 of 2010 aged about 15 years 7 months and 14 days on the date of occurrence. Grievance of the petitioner is that despite the fact that the petitioner was declared juvenile he is being illegally detained. It is further submitted that father of the petitioner is an agriculturist and he undertakes that if the petitioner is allowed bail, he would not keep him in village or in Jamui town rather he will be sent to Kolkata at 24 Pargana where his Nana is working in Bhartiya Commercial Limited. There he is residing in the said factory and his maternal uncle is also working in the same factory. In view of the fact that the petitioner has been declared juvenile and in view of the conflicting nature of statements of the victim the petitioner deserves to be released on bail. Considering the facts and circumstances of the case impugned orders are set side and this criminal revision application is allowed. The petitioner above named is directed to be released on bail on furnishing of 3 bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Jamui in connection with G.R. No. 1712 of 2010 with condition that one of the bailors should be the father 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 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. avin (Shyam Kishore Sharma, J.)