Bijay Rai and Sudarshan Rai vs State of Bihar

Mandhata Singh, J.—Heard.

Submission of the learned Counsel for the petitioners is that allegation, if any, leveled against this petitioners justifies bail to him without help of Section 12 of the Juvenile Justice (Care and Protection of Children) Act as husband of the deceased is only alleged for making the demand and causing the cruelty. The vague allegation is made that all the family members of the husband including this petitioner killed the deceased and disposed of her dead body. Petitioner is the junior most member of the family. He has no hand in demand or torture nor in killing even then his prayer has been refused.

I am also of the view that once it is found that bail can be allowed to adult accused that cannot be refused to a juvenile in conflict of law. But that has not been considered either by the Juvenile Justice Board or the Sessions Judge, Saran. So, this revision application is allowed and the order and judgment passed on their behalf is set aside.

Let above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Trial Magistrate, Chapra, in Cr. (Juvenile) Appeal No. 123 of 2009 subject to the condition that one of the bailors shall be uncle of the petitioners who shall undertake to keep the petitioners under his observation and shall produce them in court as and when required.