Meraj Ansari vs The State Of Bihar
2023 Latest Caselaw 730 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.3339 of 2022
    Arising Out of PS. Case No.-5 Year-2021 Thana- MAHILA P.S. District- Sitamarhi
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MERAJ ANSARI SON OF AJAJUL ANSARI RESIDENT OF VILLAGE- RAJOPATTI MILL TOLA, WARD NO. 18, P.S. MEHSAUL, DISTRICT SITAMARHI FOR HIS MINOR CHILD IRFAN ANSARI UNDER GUARDIANSHIP OF HIS FATHER MERAJ ANSARI (CHILD IN CONFLICT WITH LAW)

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

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

For the Appellant/s : Mr.Subodh Kumar, Advocate For the Respondent/s : Mr.Ramchandra Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL JUDGMENT Date : 09-02-2023

Mr. Subodh Kumar and Mr. Karandeep Kumar,

learned counsels appearing for the appellant and Mr.

Ramchandra Singh, learned APP appearing for the State are

present and they are heard.

The instant appeal has been filed by the appellant,

namely, Meraj Ansari, through his father, against the order

dated 10.08.2022 passed by learned Children Court-cum-

Additional District & Sessions Judge-I, Sitamarhi in connection

with Sitamarhi Mahila P.S. Case No.5/2021 registered for the

offences punishable under Sections 376, 504 and 506 of the

Indian Penal Code, whereby the prayer for bail made by the

appellant has been rejected.

Patna High Court CR. APP (SJ) No.3339 of 2022 dt.09-02-2023

It is submitted by learned counsel for the appellant

that the appellant has been declared the child in conflict with

law and on the alleged day of occurrence, his age was 16 years

10 months and 23 days. The allegation made in the FIR is totally

false as admittedly the informant is much older than appellant

and as per the FIR itself, the informant is a married lady having

two children from her former husband. So, in such a situation

and in light of such difference of age between the appellant and

informant, it is not believable that the appellant forcefully

established sexual relationship with the informant and moreover

the appellant has been languishing in the observation home

since 16.11.2021 and there are sufficient major persons in his

family and the grounds taken by the learned children's court

while rejecting the prayer for bail of the appellant, are not

tenable in the light of provisions of Juvenile Justice Act and in

this regard, social investigation report submitted by Probation

Officer filed as Annexure 3 may be perused.

Learned APP appearing for the State has no objection

to the prayer for bail made by the appellant.

I have considered the above submissions and the

nature of allegation appearing from the FIR against the

appellant and social investigation report which shows that in Patna High Court CR. APP (SJ) No.3339 of 2022 dt.09-02-2023

the family of the appellant, there are father and mother who can

easily take care of the appellant and mainly on the ground of

appellant being mentally challenged person, it is not proper to

keep the appellant in the observation home continuously as the

same will be against his all round development and there is

also no possibility of the appellant to come in the contact of

known criminals after his release and his release will not defeat

the ends of justice and moreover he has spent considerable

period in the observation home and the grounds taken by the

learned court below in rejecting the prayer for bail of the

appellant do not appear to be proper in the light of the spirit of

Section 12 of the Juvenile Justice Act in view of the social

investigation report. Accordingly, I find the impugned order to

be improper, hence it stands set aside and the instant appeal

stands allowed and the appellant is directed to be released from

the observation home on furnishing of bail bond of Rs.10,000/-

each by two sureties of his parents to the satisfaction of learned

court below and also on this condition that father of the

appellant shall submit a progress report with regard to

educational and social development of appellant in trial court

after every three months during the trial of appellant and if any

adverse thing to said development of the appellant is found then Patna High Court CR. APP (SJ) No.3339 of 2022 dt.09-02-2023

the court below shall take strict action against the appellant.

Accordingly, the instant appeal stands allowed.

(Shailendra Singh, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.02.2023
Transmission Date       NA