Patna High Court - Orders
Munna Yadav vs The State Of Bihar on 8 March, 2022
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.563 of 2021
Arising Out of PS. Case No.-3 Year-2017 Thana- GOPALPUR District- West Champaran
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Munna Yadav S/O Lalan Yadav R/O Village- Jagarnathpur, P.S.- Gopalpur,
District- West Champaran, Through His Father Being Legal Natural Guardian
Namely- Lalan Yadav, Male, Aged About 48 Years, S/O Dhukhi Yadav, R/O
Village- Jagarnathpur, P.S.- Gopalpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Respondent/s : Mr.Uma Shankar Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 08-03-2022Heard learned counsel for the petitioner and learned APP for the State.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
This criminal revision application has been preferred against the judgment dated 17.07.2021 passed in Criminal Appeal No.09/2021, whereby and whereunder the learned Sessions Judge, Bettiah, West Champaran has upheld the order dated 15.06.2021, whereby learned Juvenile Justice Board, Bettiah, West Champaran has rejected the prayer for bail of the Patna High Court CR. REV. No.563 of 2021(4) dt.08-03-2022 2/6 petitioner in connection with Gopalpur P.S. case No.03/2017 corresponding to JJB Trial No.605/2021 registered for the offences under Sections 363, 364, 302, 376(2G) and 120B of the Indian Penal Code and Sections 6, 10 of POCSO Act.
The prosecution case, in brief, is that the informant has alleged in the F.I.R. that his daughter, namely, Nandani Kumari was missing from 02.01.2017 at 9:00 p.m., The informant searched for her, but could not find trace of her. On 03.01.2017 at 2:30 p.m. the dead body of his daughter was found in a wheat field. The informant has suspected that the F.I.R. named accused persons have kidnapped and killed his daughter after committing rape.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of co-accused recorded under Section 161 Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Patna High Court CR. REV. No.563 of 2021(4) dt.08-03-2022 3/6 Learned counsel for the petitioner further submits that the father of the petitioner is ready to furnish an undertaking that while on bail, he will not allow the petitioner to associate with criminals or anti-social elements. The petitioner has relied upon the judgment of Lalu Kumar and Ors. Vs. The State of Bihar (reported in 2019(4) PLJR 833), where a Division Bench of this Court while considering the scope of Section 12 of the Juvenile Justice Act, 2015 in paragraph No.84 of the judgment has observed the following:
"84. While interpreting Section 12, the Board is duty bound to be guided by the fundamental principles enumerated in Section 3 of the Act of 2015, specially the principles of 'best interest', 'repatriation' and 'restoration' of child. The fundamental principles in Section 3(xii) provides that a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. The gravity and nature of the offence are immaterial for consideration of bail under the Act of 2015. As per Section 12 of the Act of 2015, an application for bail is not decided by reference to classification of offences, as bailable or non-bailable under the Cr.P.C. All persons alleged to be in conflict with law and apparently a child when apprehended must be released except in the following three circumstances when there is reasonable ground for believing Patna High Court CR. REV. No.563 of 2021(4) dt.08-03-2022 4/6 that:-
(i) The release is likely to bring that person into association with any known criminal;
(ii) The release is likely to expose the said person to moral or psychological danger; and
(iii) The release would defeat the ends of justice."
Learned A.P.P. for the State is present and has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of the case, Social Investigation Report of the petitioner was called for from the concerned Probation Officer. From perusal of the report, it appears that there is no material to substantiate that in the event of grant of bail, the petitioner is likely to go into association of known criminals or any anti-social elements.
The law requires that reasonable grounds should be there for believing that in the event of grant of bail, the petitioner would go into association of any 'known criminal' or exposed to moral, physical and psychological danger or the release of the person would defeat the ends of justice. There is no reference of any known criminal nor there is any other substantive material for the conclusion as recorded by the Court below.
Patna High Court CR. REV. No.563 of 2021(4) dt.08-03-2022 5/6 Considering the facts and circumstances of the case as well as the findings of the Probation Officer in the Social Investigation Report of the petitioner and the proposition of law as stated above, this criminal revision application is allowed and the judgment dated 17.07.2021 passed in Criminal Appeal No.09/2021 by the learned Sessions Judge, Bettiah, West Champaran and the order dated 15.06.2021 passed by the learned Juvenile Justice Board, Bettiah, West Champaran in connection with Gopalpur P.S. case No.03/2017 corresponding to JJB Trial No.605/2021 are set aside.
Let the petitioner, who has already been declared juvenile by the learned Juvenile Justice Board, be released in favour of father of the petitioner on execution of surety bond of Rs.10,000/- (Rupees ten thousand) to the satisfaction of learned Juvenile Justice Board, Bettiah, West Champaran in connection with Gopalpur P.S. case No.03/2017 corresponding to JJB Trial No.605/2021 with the condition that the father of the petitioner shall furnish an undertaking that while the petitioner is on bail, he will not allow the petitioner to come in company/association with any criminal or anti social elements that he will take proper care of the petitioner. Further the petitioner will be produced as and when required by the Court below and shall co-operate Patna High Court CR. REV. No.563 of 2021(4) dt.08-03-2022 6/6 during the trial.
(Sudhir Singh, J) Narendra/-
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