Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19029 of 2016 Arising Out of PS.Case No. -13 Year- 2012 Thana -SC/ST PS District- SUPAUL ======================================================

1. Raushan Kumar Son of Sri Prakash Kumar @ Prakash Ram Resident of Railway Colony, Ward No. 10, P.S. and District - Supaul .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Supaul SC/ST Police Station Case No. 13 of 2012, disclosing offences under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.

It has been stated on behalf of the petitioner that the petitioner is a juvenile.

Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000, describes that "when any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or

Patna High Court Cr.Misc. No.19029 of 2016 (2) dt.10-05-2016 2/2 is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail .....".

Since there is mandatory provision under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, for grant of bail, this application for anticipatory bail cannot be entertained.

This application is accordingly rejected as not maintainable.

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