Md. Sonu @ Md. Mustfa vs The State Of Bihar
2023 Latest Caselaw 625 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.3380 of 2022
   Arising Out of PS. Case No.-36 Year-2021 Thana- MAHILA P.S. District- Bhagalpur
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Md. Sonu @ Md. Mustfa Son of Md. Ajmat @ Ajmat Hussain R/O Village - Abhia Bazar, P.S.- Gopalpur, District - Bhagalpur.

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

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

For the Appellant/s : Mr. Rakesh Kumar Singh, Advocate For the Respondent/s : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT Date : 02-02-2023 Learned counsel Mr. Rakesh Kumar Singh, appearing

for the appellant and learned APP Ms. Anita Kumari Singh,

appearing for the State are present and they are heard on the merit

of this appeal.

2.The instant appeal has been preferred against the order

dated 05.08.2022 passed by the Court of learned Additional

Sessions Judge-I-Cum-Special Judge (Children Court), Bhagalpur

in Criminal Appeal No. 34 of 2022, by the appellant for the relief

of bail whereby the prayer for bail made by the appellant was

rejected and from which being aggrieved and dissatisfied the

instant appeal has been brought and the appellant has been

languishing in remand home in connection with Naugachia Mahila

P.S. Case No. 36 of 2021 registered for the offences punishable

under Sections 376, 448, 504 and 120B of the Indian Penal Code. Patna High Court CR. APP (SJ) No.3380 of 2022 dt.02-02-2023

3.It is submitted by learned counsel for the appellant that

the appellant has been declared juvenile and he was approximately

sixteen years old on the date of the alleged occurrence. In fact, the

allegation of establishing sexual relation with the informant by this

appellant is completely false and in this regard Annexure No. 2 is

very relevant which is an information petition filed by the father of

the appellant and in that petition the father of the appellant showed

his apprehension of false implication of his son by the prosecution

party as the informant wanted to marry the appellant and in this

regard she and her family members were making pressure upon the

appellant and his family members and after filing that information

petition the FIR of the instant matter was lodged. Further

submission is that the appellant has no criminal antecedent and the

ground taken by the Court below in the order impugned while

rejecting the prayer for bail is not tenable in the light of provisions

of Juvenile Justice Act as merely on the basis of an apprehension

of physical danger to the appellant on account of the house of the

informant being situated nearby the house of the appellant the

prayer of the appellant was rejected. Further submission is that the

appellant has been languishing in remand home since 04.04.2022

and the social investigation report submitted before this Court is in

favour of the prayer of the appellant.

Patna High Court CR. APP (SJ) No.3380 of 2022 dt.02-02-2023

4.Learned APP has no objection to the prayer for bail

made by the appellant and submitted that in the social

investigation report any type of complaint has not been made in

respect of conduct of the appellant.

5.Heard both the sides and perused the order impugned

and social investigation report. As per the FIR, the informant was

18 years old when she lodged the FIR while the appellant was

below 18 years as per his age declared by Juvenile Justice Board

and he has clean antecedent as per the statement made at

paragraph No. 3 by the appellant in the memo of appeal. While

rejecting the prayer for bail the learned Court below mainly

considered the possibility of physical danger to the appellant on

account of his house being situated near the house of the informant

but the said apprehension does not appear to be proper in the light

of the social investigation report which shows the family

background of the appellant and moreover, the learned court below

has not mentioned the cogent material upon which basis the said

apprehension has been made. Considering these facts, this Court is

of the opinion that the ground taken by the Court below while

rejecting the prayer of the appellant is not in accordance with spirit

of Section 12 of Juvenile Justice Act, so the order impugned is not

proper and legal.

Patna High Court CR. APP (SJ) No.3380 of 2022 dt.02-02-2023

6.Accordingly, order impugned stands set aside and the

present appeal stands allowed and the appellant named-above is

directed to be released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each

to the satisfaction of the learned Additional Sessions Judge-I-Cum-

Special Judge (Children Court), Bhagalpur in Criminal Appeal No.

34 of 2022 arising out of Naugachia Mahila P.S. Case No. 36 of

2021.

(Shailendra Singh, J.)

maynaz/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.02.2023.
Transmission Date       08.02.2023.