IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1537 of 2010 BABAN MAHTO @ BABBAN MAHTO S/O- RAJENDRA MAHTO, R/O- VILLAGE HANUMAN NAGAR, P.S.- GAIGHAT (BENIBAD) DISTRICT- MUZAFFARPUR. Versus THE STATE OF BIHAR - ---------- 5 15.03.2011 Heard both sides. Petitioner is a declared juvenile in conflict with law. He is facing charge punishable under Sections 364 and 34 of Indian Penal Code. It is submitted that the victim/kidnapped boy has already been restored to the informant. Petitioner is in custody/remand home since 2.11.2009. Admittedly, there is no criminal antecedent against the petitioner. A report from the concerned Probation Officer was called for which is placed on record. Perused the said report (Flag-B). Probation Officer, Muzaffarpur, on consideration of relevant materials collected by him, has recommended for his release but under his supervision. Considering the aforesaid facts appearing from record, this Court, while setting aside the order passed by the two Courts below, directs for his release from jail custody/remand home on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Muzaffarpur in connection with Gaighat P.S. Case No. 286/09 (Tr. No. 534/10) subject to 2 the following conditions: (i) The father of the petitioner shall be one of the bailors. (ii) It will be the duty of the father to produce the petitioner before the Probation Officer once in a fortnight preferably Saturday/Sunday for a period of five months from the date of release providing an opportunity to the Probation Officer to monitor his conduct/behaviour. The father shall also produce the petitioner before the Court as and when directed for such physical appearance. In case of default in such appearance, the Probation Officer shall promptly report the matter to the Court in seisin of the matter whereafter his bail bonds shall be cancelled. In case of non- appearance of the petitioner on the date specially fixed for such appearance, the Court in seisin of the matter shall also be at liberty to cancel his bail bonds. (iii) During the subsistency of the present privilege of bail, if it is found that the petitioner is found involved in any other criminal case, the same shall be treated as a breach of condition of bail entailing cancellation. pkj (Kishore K. Mandal, J)