IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.297 of 2018
Aniket Kumar @ Kishore Ankit Kumar S/o Kunj Bihari
Sharma @ Baljeet Singh, R/o Village- Jinpura, Bihta, P.S.-
Bihta, District- Patna. Under the Guardianship of his father
Kunj Bihari Sharma of Village- Jinpura, Bihta, P.S.- Bihta,
District- Patna.
…. …. Petitioner/s
Versus
The State of Bihar
…. …. Respondent/s
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh
For the Respondent/s : Mr. Sri Abhay Kumar Roy
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 02-05-2018 The petitioner/juvenile seeks his release from the
remand home where he has been lodged since 22.11.2017 in
connection with Bihta P.S. Case No. 958 of 2017 instituted
for the offences under Sections 341, 323, 324, 307, 354,
504, 34 of the Indian Penal Code.
On the date of the occurrence, the age of the
juvenile/petitioner was assessed by the Juvenile Justice
Board as more than 16 years but less than 18 years.
It has been submitted on behalf of the petitioner that
the learned Court below has wrongly rejected the prayer
made on behalf of the petitioner for being released from the
remand home as Section 307 I.P.C is not attracted. So far as
Section 354 I.P.C is concerned, the maximum sentence
Patna High Court CR. REV. No.297 of 2018 (2) dt.02-05-2018
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provided for the aforesaid offence is five years. In any view
of the matter, the offences alleged against the
juvenile/petitioner would not come within the category of
heinous offences as defined under Section 2(33) of the
Juvenile Justice (Care Protection of Children) Act, 2015.
That apart, the learned counsel for the petitioner has
also submitted that the case of the petitioner has not been
considered in the correct prospective. No consideration has
been made over the fact that release of the
juvenile/petitioner from the remand home would be fraught
with dangers so far as the juvenile/petitioner’s company in
future is concerned.
It has further been submitted that the allegation
against him is of passing lewd remarks on the daughter of
the informant and his having inflicted knife blows on the
person of the victim. The injury report, which has been
annexed with the petition, reveals that the injury suffered by
the victim was simple in nature and that also having been
caused by hard and blunt substance.
The learned counsel for the petitioner has submitted
that the injury was the result of the victim girl having fallen
on the ground because of her having met with an accident.
Considering the aforesaid facts as also taking into
account that the juvenile/petitioner is in remand home since
Patna High Court CR. REV. No.297 of 2018 (2) dt.02-05-2018
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22.11.2017, the juvenile/petitioner, above named, is directed
to be released on his furnishing bond in the sum of Rs.
10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned 1st Additional Sessions
Judge, Patna in connection with Bihta P.S. Case No. 958 of
2017, Special Case (Child) No. 10 of 2018.
One of the bailors shall be the father of the
petitioner, who at the time of filing of his bonds shall furnish
an undertaking that he shall take good care of his son and in
case the petitioner/juvenile disobeys the homily of his father,
he shall immediately report the matter to the Officer-in-
charge of the concerned Police Station.
The present revision petition is accordingly
allowed.
(Ashutosh Kumar, J)
Shageer/-
U T
