Mohammad Seraj vs State Of Bihar

Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The present revision application has been filed for setting aside the judgment/order dated 14th June,2019 passed by Sri Jitendra Kumar Dubey,

learned Additional District & Sessions Judge 1st Cum Special Judge, Buxar in Cr. Appeal No.30 of 2019/C.I.S. No.30 of 2019, whereby the appeal

filed by the petitioner has been dismissed vide order dated 14.06.2019 showing no illegality in the impugned order dated 14.05.2019 passed by J.J.B.,

Buxar in J.J.B. Case No.530/19.

Learned counsel for the petitioner submits that the present petitioner is a juvenile and his age has been determined by the J.J.B., Buxar, vide order

dated 12.04.2019 in J.J.B. No.530/19, to be 13 years 01 month 15 days and therefore, a juvenile under the provisions of the Act. Learned counsel for

the petitioner submits that since the prayer for bail of the petitioner was not considered, he preferred Cr.Appeal No.30 of 2019/C.I.S. No.30/19, but

the learned court has rejected the prayer for bail without appreciating the fact that the petitioner is a juvenile and is entitled to be released on bail

under the provisions of Section 12 of the J.J. Act, 2015.

Having considered the entire facts and circumstances and the nature of allegations and the matter has been compromised between the parties, let

the above named petitioner, a juvenile, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional District & Sessions Judge 1st-cum-Special Judge, Buxar, in connection with J.J.B. Case

No.530/2019, in favour of his father, namely, Mohammad Juman @ Juman Mian, who shall keep him under his guardianship and produce him as and

when required and also subject to the condition that one of the bailors of the petitioner shall be his father who at the time of filing of the bonds, shall

also give an undertaking that he will take proper care of the petitioner and in case the petitioner does not act as per his advice, he shall report the

matter to the Officer-in-Charge of the concerned police station and further during the period of bail, the petitioner will be under the supervision of

concerned Probation Officer.

In the result, the revision application is allowed and the impugned order dated 14th June, 2019 is set aside.