Manish Kumar vs The State Of Bihar
2023 Latest Caselaw 1074 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.541 of 2022
    Arising Out of PS. Case No.-37 Year-2021 Thana- SIKTA District- West Champaran
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Manish Kumar Son of Chandeshwar Kunwar R/v- Patbandhi, Babu Tola, P.S- Majhauliya, Dist- West Champaran

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

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

For the Petitioner/s : Mr. Ram Adya Singh, Adv. For the Respondent/s : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 20-03-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

The present Cr. Revision petition is being filed to

release the petitioner who has been made accused U/Ss 420,

467, 468, 471, 489A, 489B, 489C, 120B of the I.P.C. read with

Section 13 of U.A.P.A. Act against the order dated 05.07.2022

in Cr. Appeal No. 31/2022 and order dated 18.05.2022 in J.J.B.

Case No. 707/2022(arising out of Sikta P.S. Case No. 37 /2021).

As per the content of F.I.R., the petitioner was

caught on motorcycle bearing fake currency notes coming from

Nepal.

Counsel for the petitioner submits that the

petitioner is a juvenile aged about 7 years. He is basically an Patna High Court CR. REV. No.541 of 2022 dt.20-03-2023

electrician and doing private job. Counsel submits that Social

Inquiry Report of the petitioner is annexed in which it has come

that petitioner has learnt the work of electrician since childhood.

It has come that due to poor financial condition of the petitioner,

this petitioner may have done the said work. It has also come in

the report that intellectual level of the petitioner is much higher

than the normal child. He has started earning for the family prior

to majority and in a position to do the electrician work

independently without help of others. His interaction with other

children, teachers and friends are normal. It also transpires that

there were economic pressure on him. His family and

neighbourers have recommended about his behaviour as

completely normal, intellectual, mature and expert in his field.

In the said report, good appraisal has made relating

to his future. Recommendation has been made in the report that

he need care under the supervision of someone. Counsel for

petitioner submits that his father is ready to file undertakings for

the care and supervision of the petitioner.

Counsel for State submits that the S.I.R. report of

the petitioner is positive and he may be released upon periodical

supervision of Protection Officer.

Patna High Court CR. REV. No.541 of 2022 dt.20-03-2023

Upon considering the facts and circumstances of

this case, this court is directed to release the petitioner on the

undertakings of his father and on further undertakings that he

along with his father shall visit every month to the Protection

Officer.

With this direction, this court is directed to release

the petitioner from the remand room and order dated 05.07.2022

passed in Cr. Appeal No.31/2022 and order dated 18.05.2022

passed in J.J.B. Case No. 707/2022(arising out of Sikta P.S.

Case No. 37/2021) are set aside.

With this observation, this Cr. Revision is hereby

set aside.

(Dr. Anshuman, J.) prakashmani/-

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