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Patna High Court - Orders

Rakesh Manjhi @ Gora Kumar @ Rakesh @ Gore ... vs The State Of Bihar on 28 August, 2018

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Criminal Revision No.903 of 2018
                      Arising Out of PS. Case No.-119 Year-2017 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Rakesh Manjhi @ Gora Kumar @ Rakesh @ Gore Kumar @ Rakesh Kumar,
                 Son of Surendra Manjhi, Minor under the guardianship of his mother namely
                 Renu Devi, Wife of Surendra Manjhi, Resident of Village- English, P.S.-
                 Chandauti, District- Gaya.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Kiran Sinha
                 For the Respondent/s    :       Mr. Sri Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

3   28-08-2018

The petitioner was adjudged a juvenile and his age was assessed to be 16 years, 2 months and 3 days on the date of occurrence. He is said to have fired from his weapon hitting the informant in his testicles.

The petitioner is in custody since 17.08.2017. His prayer from being released from the remand home has been rejected by the Juvenile Justice Board, Gaya and the aforesaid order has been affirmed by the learned Appellate Court, namely, Sessions Judge, Gaya in Cr. Appeal No. 50 of 2018.

In neither of the orders, has the social investigation report about the petitioner been discussed. There is nothing on record to suggest that the petitioner has fallen in bad company or he shall fall in bad Patna High Court CR. REV. No.903 of 2018(3) dt.28-08-2018 2/2 company if he is directed to be released from the remand home.

It has been submitted that the petitioner does not have any criminal antecedent.

In the aforesaid facts, this Court is inclined to direct for release of the petitioner from the remand home.

Let the petitioner above-named is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Gaya in connection with Chandauti P.S. Case No. 119 of 2017.

One of the bailors shall be the mother of the petitioner, who at the time of filing her bonds, shall give an undertaking that she shall take good care of her child and in case she finds that the juvenile / petitioner is not responding to her homilies, she shall report the matter straightway to the officer-in-charge of the concerned police station.

(Ashutosh Kumar, J) skm/-

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