Gautam Kumar @ Gaurav Kumar v. The State Of Bihar
Case at a glance
- Bench
- AHSANUDDIN AMANULLAH
Outcome
Bail granted
the petitioner be released on bail on furnishing bail bond Rs
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar sinha For the Respondent/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 04-04-2012 Heard learned counsel for the petitioner and learned APP for the State. The present Revision application has been filed for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by Juvenile Justice Board, Saharsa, by order dated 11.1.2012 passed in G. R. Case No. 1349 of 2011 corresponding to Saharsa P.S. Case No. 383 of 2011. The appeal was also dismissed by the Session Judge, Saharsa on 1.3.12 in Criminal Appeal No. 7 of 2012. Learned counsel for the petitioner submits that the F.I.R was lodged against unknown persons but after a few days it Patna High Court CR. REV. No.386 of 2012 (2) dt.04-04-2012 is alleged that some recovery was made from the house of the petitioner in which some of the items which are alleged to have been stolen as per the F.I.R were also found.
Petitioner is said to have confessed his crime and also named others as his accomplice. Learned counsel for the petitioner submits that his age has been assessed to be 14 years 1 month and 8 days on the alleged date of crime and thus he is admittedly a Juvenile. He submits that he shall not go into the finer details on the merits of the case but would only like to rely on the Chief Probation Officer’s report which has been made Annexure -3 to the petition, in which it is stated that there is no major circumstance against the petitioner and there is only comment with regard to the petitioner having bad company with other criminals. It is further submitted that the father of the petitioner is no more and the mother and brother have undertaken that they will ensure that the petitioner does not come in contact of anti social elements and bad company. It is also submitted that they was ensured that petitioner will not involve in any criminal activity.
Operative part
The petitioner is in custody since 14.8.2011 and does not have any criminal antecedent which has been stated at paragraph 17 of the Revision application. Learned APP for the state on the other hand has opposed Patna High Court CR. REV. No.386 of 2012 (2) dt.04-04-2012 the prayer for bail and has referred to portions of the orders passed by the courts below, while rejecting bail, to show that the articles recovered from the house of the petitioner also contained those articles which had been stolen from the house of the informant of Saharsa P.S. Case No.383 of 2011 and thus releasing the petitioner would not be in public interest and it would get him into contact with known criminals. Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bond Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saharsa in connection with G.R. Case No.
1349 of 2011 corresponding to Saharsa P.S. Case No. 383 of 2011. The mother as well as the brother of the petitioner namely, Jiwan Kumar, who has also affirmed the affidavit in the present case, shall be the bailors. The bailors shall also execute a bond with regard to good behaviour of the petitioner that he shall not indulge in any criminal activity. Any violation of the terms shall lead to automatic cancellation of bail in the present case. The petitioner shall also physically present himself before the Chief Probation Officer, Saharsa at least once a month and also as and when directed by the Chief Probation Officer, Saharsa who shall maintain strict supervision over the Patna High Court CR. REV. No.386 of 2012 (2) dt.04-04-2012 petitioner. This aplication accordingly stands disposed off. (Ahsanuddin Amanullah, J) Namita/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the petitioner be released on bail on furnishing bail bond Rs
Which statutory provisions did this judgment involve?
Juvenile Justice (Care and Protection of Children) Act, 2015.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.