Patna High CourtCR. REV./124/2017disposed

Suraj Kumar v. The State Of Bihar

2017-06-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.124 of 2017 ======================================================

1. Suraj Kumar, Son of Ram Bilash Singh, Resident of village - Chhoti Aghu, P.S. Muffasil, District - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Respondent/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-06-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. The petitioner has been declared to be a juvenile. He is an accused in Matihani Police Station Case No. 74 of 2015, registered for the offences punishable under Sections 302/201/120B/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The petitioner's prayer for bail had been rejected by the Juvenile Justice Board, Begusarai, on 18.10.2016, whereafter he had preferred appeal before the learned Sessions Judge, Begusarai, giving rise to Criminal Appeal No. 97 of 2016, which has been rejected by an order, dated 15.11.2016.

The present criminal revision application has

Patna High Court CR. REV. No.124 of 2017 (5) dt.13-06-2017 2/3 been filed against the order, dated 15.11.2016. Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner has right to be released on bail in the facts and circumstances of the case because of the provisions, in this regard, under the Juvenile Justice (Care and Protection of Children) Act, 2015. He has submitted that the reasons assigned by the Juvenile Justice Board, Begusarai, and the learned Sessions Judge, Begusarai, for refusing the petitioner to be release on bail are vague and not cogent.

In the light of an order of this Court, dated 09.03.2017, the Juvenile Justice Board, Begusarai, has submitted a report as regards stage of enquiry under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, from which it appears that the enquiry has yet not concluded and the witnesses had been summoned.

Under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, the enquiry is required to be concluded normally within a period of four months.

Considering the facts and circumstances of the case, I direct the Juvenile Justice Board, Begusarai, to expedite the enquiry and conclude it within a period of

Patna High Court CR. REV. No.124 of 2017 (5) dt.13-06-2017 3/3 three months from the date of communication of the present order.

If the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, is not concluded by the Juvenile Justice Board, Begusarai, within the aforesaid period of three months, the petitioner may renew his prayer for his release on bail before appropriate forum in accordance with law.

This application stands disposed of with the observation and direction, as above.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √