Dheeraj Kumar Sharma vs The State Of Bihar
2023 Latest Caselaw 3783 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.1744 of 2023
  Arising Out of PS. Case No.-498 Year-2022 Thana- BUXAR MUFFSIL District- Buxar
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DHEERAJ KUMAR SHARMA S/O JAI PRAKASH SHARMA Resident of Village- Chausa Nayi Basti, Near Durga Mandir, Ward no.- 07, Post- Chausa, P.S.- Buxar (muffasil), District- Buxar, Bihar.

... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Saroj Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, APP Mr. Mohit Shriwastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 17-08-2023

1. Heard the parties.

2. This is an appeal under Section 101(5) of the

Juvenile Justice (Care and Protection of Children) Act, 2015

against refusal of the prayer for bail to the appellant by order

dated 16.03.2023 passed by the Additional District and Sessions

Judge-I-cum-Special Judge (SC/ST & Children Court), Buxar in

connection with Child Case No. 04 of 2023 arising out of Buxar

(Muffasil) P.S. Case No. 498 of 2022.

3. On bare perusal of provision of Section 12 of

the Juvenile Justice (Care and Protection of Children) Act, 2015,

it appears that Juvenile in conflict with law shall be released on

bail unless there appears reasonable grounds for believing that

the release is likely to bring him into association with any

known criminal or expose him to moral, physical or

psychological danger or that his release would defeat the ends of

justice.

Patna High Court CR. APP (SJ) No.1744 of 2023 dt.17-08-2023

4. The impugned order mentions that the release

of the appellant would defeat the ends of justice and his release

will expose him to moral, physical or psychological danger.

5. The report of the probation officer mentions

that the father of the appellant has told that he will send the

appellant to his sister's house in Kanpur for his better future.

6. Considering the above facts and circumstances

as well as the report of the probation officer, let the appellant,

above named, be enlarged on bail on execution of surety bond

by the father of the appellant giving undertaking that he will

keep proper care and upkeep of the appellant and will fully co-

operate in the pending enquiry/trial.

7. The appeal stands disposed of.

8. Put up this appeal on 05.10.2023. On that day,

learned counsel for the appellant is directed to file an affidavit

showing full details of appellant's education/work and full

address of the house where the appellant is residing with proper

care.

(Arvind Srivastava, J) utkarsh/-

AFR/NAFR
CAV DATE
Uploading Date          21.08.2023
Transmission Date