IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.563 of 2011 Sumit Kumar Versus The State Of Bihar ----------- 03. 24.06.2011 Petitioner who has been declared juvenile in conflict with law has approached this Court for his release in a case instituted under sections 372, and 373/34 IPC. It is alleged that three youngsters kidnapped the victim girl while she was going to a temple. It is admitted position that the girl was retrieved and produced before the Magistrate for recording her statement. In her statement, she has named the petitioner as one of the participants in the crime/offence. Learned counsel for the petitioner submits that the victim was romantically involved with one of the co- accuseds. It is next contended that the petitioner does not carry any criminal antecedent and that he is lodged in remand home with effect from 23.11.2010. It is also contended that other co-accused persons have since been released on bail. Learned counsel submits that the father of the petitioner is ready and willing to monitor his conduct and keep strict vigil on him in order to ensure that he does not indulge himself in any criminal case/criminal activity. It is also highlighted that during the relevant time he was pursuing engineering course in an institute outside the State of Bihar. 2 Report of the Probation Officer was called for which is at flag A. From perusal whereof, it appears that his character has been found to be satisfactory inasmuch as the parents are vigilant about the future of the petitioner. Having considered the submissions made on behalf of the parties and on perusal of the materials on record, including the status report as well as his age, this Court while setting aside the order impugned, 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 learned Principal Magistrate, Juvenile Justice Board, Supaul in Pratapganj P.S. Case No. 47 of 2010, subject to the condition that one of the bailors shall be his father. It shall be the duty of the aforesaid bailor to monitor the conduct of the petitioner and to ensure that he does not fall in a company of criminals. It shall also be the duty of the father/bailor to produce him in person before the court as and when called upon. During subsistency of the present privilege if it is found that the petitioner is involved in any other criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )