IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.519 of 2011 MD. KHURSID ALAM @ MONY Versus THE STATE OF BIHAR ----------- 02 03.05.2011 Heard both sides. Petitioner, who has been declared juvenile in conflict with law, is aggrieved by order dated 16.11.2010 passed on Cr. Appeal no. 221 of 2010 whereby on a consideration of the materials on record, learned Sessions Judge, Patna rejected his prayer for release from remand home. Petitioner is facing charge punishable under Section 364A of the Penal Code. Section 302 of the Penal Code was later added. It appears from the appellate Court’s order that he was an active member of the group of criminals who hatched plan, kidnapped 08 years old boy, demanded ransom and ultimately killed the boy. It appears from the order impugned that prima facie there are materials which implicate the petitioner in the offence which is a heinous one. Learned counsel for the petitioner submits that petitioner is in remand home since 31.05.2009 and that there is no direct material against him. It is submitted that the father of the petitioner is ready and willing to monitor his conduct and as such he may be released on bail. Looking at the allegations and the materials available on record as reflected from the appellate Court’s order this Court agrees with the view taken by learned appellate Court in the 2 concluding paragraph of the order. It is, accordingly, dismissed. However, this Court cannot oblivious of the fact that petitioner is in remand home since 31.05.2009, let the Court below endeavour and examine all the prosecution witnesses within 07 months from the date of receipt/communication of a copy of this order, failing which the petitioner shall have liberty to renew prayer for bail in the Court below itself which shall be considered and disposed of uninfluenced by the present order. Sym (Kishore K. Mandal, J.)