Patna High Court - Orders
Manish Kumar Sahu @ Manish Sah @ Manish ... vs The State Of Bihar on 7 February, 2012
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1553 of 2011
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1. Manish Kumar Sahu @ Manish Sah @ Manish Kumar Sah, son of
Umesh Sah, resident of Vill. Boria, P.S.-Bibhutipur, District-Samastipur
through Guardian (Grand Father) Ram Parsad Sah.
2. Manjay Lal Sah Ramji Sah, resident of Vill. Boria, P.S.-Bibhutipur,
District-Samastipur, through Guardian (Uncle) Ram Parsad Sah.
.... .... Petitioners
Versus
The State Of Bihar
.... .... Opp. Party
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
3 07-02-2012Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application is for grant of bail to the petitioners under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by the Juvenile Justice Board, Samastipur on 20.08.2011 passed in T.R. No. 516 of 2011 as well as order dated 20.09.2011 in T.R. No. 383 of 2011 and the appeals were also dismissed by a common order on 17.11.2011 by the Additional Sessions Judge 2nd, Samastipur in Criminal Appeal No. 47 of 2011 and Criminal Appeal No. 58 of 2011.
The petitioners are accused, among others, in Bibhutipur P.S. Case No. 72 of 2011 dated 03.04.2011 for offences under Sections 302/201/120 (B) of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have been declared to be juvenile and have clean Patna High Court CR. REV. No.1553 of 2011 (3) dt.07-02-2012 2 antecedent. It is also submitted that the petitioners are relatives and all the relatives of the petitioners have been made accused. It is also submitted that in the F.I.R. itself a sort of confessional statement of Manish Kumar Sahu @ Manish Sah, petitioner no. 1 was recorded, who has admitted to have killed the deceased who was the son of the informant. Learned counsel submits that from the plain reading of the F.I.R. itself it is quite apparent that the deceased, who is said to have met the petitioner no. 1, and told him about the love affairs of the sister of the deceased with other persons. The reason given of eve teasing in past, according to him is also not convincing. Learned counsel further submits that there was no occasion for the petitioner no. 1 to make a confession before the informant with regard to having committed the crime. Petitioners are in custody since 04.04.2011. Learned counsel also submits that the order by which bail was rejected is passed on the erroneous assumption that the petitioners if released on bail will come into contact with criminals and anti-social elements. It is submitted that in view of the clean antecedent of the petitioners as well as the fact that all the family members are alleged to have committed the crime, the said ground does not hold. It is further submitted that the court may impose suitable conditions for their release to safeguard this aspect also.
Earlier by order dated 21.12.2011 legible copy of case diary had been called for and the same has since been received. Patna High Court CR. REV. No.1553 of 2011 (3) dt.07-02-2012 3
Learned A.P.P. for the State, from the case diary, submits that the accused persons have supported the incident as per the story in the F.I.R. though there is no eye witness.
Considering the facts and circumstances of the case, let the petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Samastipur in connection with Bibhutipur P.S. Case No. 72 of 2011.
One of the bailors should be the father/grand father of petitioner no. 1 and the uncle of petitioner no. 2. The petitioners as well as their bailors shall also execute a bond of good behaviour before the court concerned with an undertaking that they shall not indulge in any criminal acticity. Any violation of the conditions shall lead to automatic cancellation of bail in the present case. Petitioners shall also physically present themselves before the Probation Officer, Samastipur at least once a month and also as and when directed by him. The Probation Officer, Samstipur shall maintain strict supervision over the petitioners.
This application, accordingly, stands disposed off.
(Ahsanuddin Amanullah, J) Anjani/-