Motibur Rahman @ Matiur Rehman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.446 of 2016 ======================================================

1. Motibur Rahman @ Matiur Rehman son of Late Julmat Ali R/o village - Ghogha Rajabari, P.S. - Kasba, District - Purnea under the guardianship of his mother Most. Raifoon Nisha wife of Late Julmat Ali R/o village Ghogha Rajabari, P.S. - Kasba, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Respondent/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-02-2017 Heard learned counsel for the parties.

2. The petitioner is aggrieved by an order dated 12.01.2016 passed in Criminal Appeal No. 45 of 2015 by learned Sessions Judge, Purnea, whereby he has affirmed an order passed by the Juvenile Justice Board, Purnea, dated 03.12.2015 refusing prayer of the petitioner to be released on bail. He is an accused in Kasba P. S. Case No. 238 of 2014 registered for the offences punishable under Sections 323, 376 and 504 of the Indian Penal Code.

3. It appears that he is in custody/under observation for quite sometime.

4. Pursuant to an order of this Court dated 24.01.2017, the Juvenile Justice Board, Purnea has submitted a report dated 08.02.2017 from which it appears that

altogether six witnesses have already been examined in an enquiry under Section 14 of the Juvenile Justice (Care & Protection of Children) Act, 2000.

5. Since the enquiry is at advance stage, this application is disposed of with an observation that if the enquiry is not concluded within two months from the date of the communication of the present order, the petitioner shall be entitled to renew his prayer for bail.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) ArunKumar/- U