Ankit Patel @ Ankit Kumar Patel @ ... vs The State Of Bihar
2021 Latest Caselaw 1614 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No 1392 of 2021
     Arising Out of PS. Case No.-35 Year-2020 Thana- BARAULI District- Gopalganj
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ANKIT PATEL @ ANKIT KUMAR PATEL @ ANKIT KUMAR S/o Jai Kumar Patel R/o village- Kund Supauli, P.S.- Sidhwaliya, District- Gopalganj. At present Resident of Devapur, P.S.- Barauli, District- Gopalganj

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

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s     :        Mr Lokesh Kumar Singh, Advocate
For the Respondent/s    :        Mr.A.G.

====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 22-03-2021

Heard learned counsel for the appellant and the learned

counsel for the State.

2 The appellant has preferred the present Appeal under

Section 101 (5) of Juvenile Justice (Care & Protection of Children)

Act, 2015 (for brevity, the Act) against the refusal of his prayer for

regular bail vide order dated 01.12.2020 passed by Additional

Sessions Judge I -cum- Special Judge (Children Act), Gopalganj in

a case registered under Sections 302, 201/34 of Indian Penal Code

in connection with Barauli Police Station (for brevity, PS) Case No

35 of 2020.

Patna High Court CR. APP (SJ) No.1392 of 2021 dt.22-03-2021

3 The allegation is that the victim has been found

hanging within the school premises and her hands and arms were

tied. The prosecution parties have later on discovered the initials

AP written in her exercise book and have, accordingly, implicated

the instant appellant (Ankit Patel).

4 It is submitted by the learned counsel for the appellant

that the appellant's implication, based on the initials found in the

victim's exercise book, is clearly unsustainable and against the

law. The appellant, being juvenile, has been implicated on the

basis of his own confessional statement. The investigation reveals

that one suicide note has also been recovered. The appellant was

extended leave after his arrest for the period 28.03.2020 to

13.10.2020 when he has not misused the privilege of leave. Apart

from this period, he has been in custody since 12.02.2020. The

submission is that the report of the Probationary Officer/Social

Investigation Report also does not bring on record any reason as

contemplated under the proviso to Section 12 of the Act, justifying

rejection of the appellant's prayer for bail. The order rejecting the

appellant's prayer for bail is clearly unsustainable.

5 In my opinion, a case for grant of regular bail is made

out. The impugned order dated 01.12.2020 requires interference

by this Court, which is, accordingly, set aside. Patna High Court CR. APP (SJ) No.1392 of 2021 dt.22-03-2021

6 Learned counsel for the State has opposed the prayer

for bail. It is submitted that the appellant has confessed his guilt

before the police and the initial AP tallies with his name Ankit

Patel and since such initials have been found in the exercise note

book of the victim and it has come in the investigation that they

were on friendly terms, there are sufficient materials to implicate

the appellant in the instant case.

7 Having considered the rival submissions, this Court

would observe that the conditions contemplated under the proviso

to Section 12 of the Act do not exist so as to justify the appellant's

any further detention.

8 Accordingly, this appeal is allowed. The impugned

order dated 01.12.2020 passed by Additional Sessions Judge I

-cum- Special Judge (Children Act), Gopalganj in connection with

Barauli PS Case No 35 of 2020 is set aside.

9 Let the appellant above named be released on bail on

his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

Additional Sessions Judge I -cum- Special Judge (Children Act),

Gopalganj in Barauli PS Case No 35 of 2020 subject to the

following conditions:

Patna High Court CR. APP (SJ) No.1392 of 2021 dt.22-03-2021

(1) That one of the bailors will be a close relative of the

appellant who will give an affidavit giving genealogy as to how he

is related with the appellant. The bailor will also undertake to

inform the Court if there is any change in the address of the

appellant.

(2) That the appellant will be well represented on each

date and if he fails to do so on two consecutive dates, his bail will

be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                  NAFR
CAV DATE                    NA
Uploading Date          23.03.2021
Transmission Date       23.03.2021