- (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THIS revision application is directed against the judgment passed by the Juvenile Justice Board, Chatra dated 29.08.2008, by which order the Principal Magistrate, Juvenile Court, Chatra found that the three juveniles (Petitioner Nos. 1, 2 and 3) have already fallen in a bad company and apart from this case, the petitioner No.1, Sanjay Kumar, another case vide Chatra P.S. Case No. 37 of 2007 under Section 395 of the Indian Penal Code is also pending and against the juveniles i. e. petitioner No.2, Raju Kumar and Petitioner No.3, Pankaj Kumar, another case vide Sadar P.S. Case No. 58 of 2007 under Section 392 of the Indian Penal Code is pending and the all the three petitioners have earlier fled away from the observation home, Hazaribagh. In appeal, the Sessions Judge, Chatra by his order dated 19.11.2008 concurred with the finding of the Juvenile Justice Board, Chatra and rejected the prayer for their bail. Now, it is submitted by learned counsel for the petitioners that the three petitioners are admittedly juveniles and they are rotting in jail since 25.04.2008 i.e. more than one year, in that view of the Section 4 of the Juvenile Justice Board, since, the parents of the petitioners are ready to keep the juveniles under their proper custody and also keep them in their close guidance and keep them away from the criminal activities, there is no ground for refusing the prayer for release of the juveniles. And hence, learned counsel for the petitioners prays to release them on the aforesaid ground.
(3.) ON the other hand, learned counsel for the State opposed the prayer of the learned counsel for the petitioners and submitted that apart from the two cases, the petitioners are also in a habit of running away from the remand home and as such they does not deserve the privilege of bail.;