Patna High CourtCR. REV./640/2016disposed

Md. Ibrar @ Irfan Alam v. The State Of Bihar

2017-02-02Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.640 of 2016 ======================================================

1. Md. Ibrar @ Irfan Alam Son of Mosim, resident of Dipaul, Police Station- Jogbani (Bathnaha) in the district of Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. I have perused the report submitted by learned Principal Magistrate, Juvenile Justice Board, Araria, in compliance of this Court's order, dated 10.01.2017. The petitioner is a child in conflict with law and is an accused in Jogbani (Bathnaha) Police Station Case No. 100 of 2014, registered for the offences punishable under Sections 376 and 328 of the Indian Penal Code. His application for release on bail has been rejected by the Juvenile Justice Board, Araria, by order, dated 27.04.2016, which order has been affirmed by learned Sessions Judge, Araria, vide order, dated 06.06.2016, passed in Criminal Appeal No. 08 of 2016.

Patna High Court CR. REV. No.640 of 2016 (4) dt.02-02-2017 2/3 Against the aforesaid orders, the present criminal revision application has been filed under Section 53 Juvenile Justice (Care and Protection of Children) Act, 2000. Learned Counsel for the petitioner has submitted that since there is no substantial progress in the enquiry, contemplated under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000, the petitioner should be released on bail so that he may live in good family atmosphere.

On perusal of the impugned orders, I find no such illegality which would require interference by this Court.

However, pendency of the enquiry much beyond the statutory period as prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2000, is a matter of concern.

This application is accordingly disposed of with a direction to the Juvenile Justice Board, Araria, to expedite the enquiry and conclude it within a period of six months from the date of communication of the present order. If the enquiry, under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000, is not concluded by the Juvenile Justice Board, Araria, within the aforesaid of six months, the petitioner will be at liberty to

Patna High Court CR. REV. No.640 of 2016 (4) dt.02-02-2017 3/3 renew his prayer for bail before the 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 √