Patna High CourtCR. REV./708/2015disposed

Dadan Yadav v. The State Of Bihar

2016-07-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.708 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ =========================================================== Dadan Yadav, under the guardianship of his father Virchandra Yadav S/oVirchandra Yadav, Resident of Village- Bhathawa Bazar, P.S.- Kateya, P.S.- Gopalganj.

.... .... Petitioner

Versus

The State of Bihar .... .... Respondent =========================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak, Advocate For the Respondent/s : Mr. Ambika Bhagat, Spl. P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 19-07-2016 Learned counsel for the petitioner has submitted that the application for bail preferred under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (For short 'JJ Act') of the petitioner in connection with Kateya P.S. Case No. 250 of 2014 corresponding to J.E. No. 350 of 2014 has been rejected by the Juvenile Justice Board, Gopalganj due to non-appearance of the counsel for the petitioner. The appellate court has affirmed the order passed by the Juvenile Justice Board and has rejected the prayer for bail of the petitioner without considering the relevant grounds on which the application of a juvenile in conflict with law ought to

Patna High Court CR. REV. No.708 of 2015 dt.19-07-2016 2 / 2 have considered.

Learned counsel for the State has submitted that since the counsel for the petitioner failed to appear, the court was left with no option but to reject the application and in that view of the matter, no illegality can be found with the order impugned. I have heard learned counsel for the parties. Keeping in mind the facts and circumstances of the case, the application is disposed of with liberty to the petitioner to file another application before the Juvenile Justice Board for grant of bail in the same subject matter. In case such an application is filed, the Juvenile Justice Board, Gopalganj is directed to pass appropriate order in accordance with law keeping in mind the aims and object of the Juvenile Justice ignoring the earlier observations made by it or by the appellate court.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR CAV DATE Uploading Date 21.07.2016 Transmission 21.07.2016 Date