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Aniket Kumar @ Kishore Ankit Kumar vs The State Of Bihar on 2 May, 2018

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

2/3

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

3/3

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

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