Citation : 2023 Latest Caselaw 3247 Patna
Judgement Date : 25 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1675 of 2023
Arising Out of PS. Case No.-809 Year-2022 Thana- LAKHISARAI District- Lakhisarai
======================================================
AMAN MANDAL @ RAJEEV RANJAN S/O KANAHIYA MANDAL Under Gaurdianship of his father namely Kanahiya Mandal, R/O Village- Pachna Road, Ward No. 22, P.S- Kabaiya, Distt.- Lakhisarai.
... ... Appellant/s Versus THE STATE OF BIHAR
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Mayank Bilochan, Adv.
Mr. Shailesh Anand, Adv.
Mr. Rajeev Ranjan, Adv.
For the Respondent/s : Mr. Syed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 25-07-2023
Heard the parties.
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
14.03.2023 passed by the Additional District and Sessions
Judge-I-cum-Special Judge, Children Court, Lakhisarai in
connection with G.R. No. 07 of 2023 corresponding to
Lakhisarai (Kabaiya) P.S. Case No. 809 of 2022.
Submission of learned counsel for the appellant is that
the Court below has failed to appreciate that there was love
affair between the victim girl and the appellant since long and
both had voluntarily fled away. Further submission is that the Patna High Court CR. APP (SJ) No.1675 of 2023 dt.25-07-2023
appellant has been languishing in remand home since
19.10.2022.
The report of the probation officer mentions that there
is love affair between the victim girl and the appellant. Both had
studied in the same coaching centre and during the same both
had come in contact to each other. The marriage of the girl had
been fixed to someone else due to which the girl fled away with
the appellant. The report also mentions that appellant needs
proper guidance and counselling.
Having considered the submissions advanced on
behalf of the parties and the materials available on record, this
Court is inclined to grant the privilege of bail to the appellant.
Accordingly, the appellant, above named, be enlarged on bail on
execution of surety bond by the parents of the appellant giving
undertaking that they shall keep proper care and upkeep of the
appellant and shall fully co-operate in the pending enquiry/trial.
The appeal stands disposed of.
(Arvind Srivastava, J) utkarsh/-
AFR/NAFR CAV DATE Uploading Date 27.07.2023 Transmission Date
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