Raushan Raj @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.769 of 2016 ======================================================
1. Raushan Raj @ Raushan Kumar S/o Arvind Kumar @ Sudhir Yadav R/O Hamraj Kurha ,P.S. Sirdala , District- Nawada, Arvind Kumar @ Sudhir Yadav .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh No-10 For the Respondent/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This criminal revision application has been filed against an order, dated 13.06.2016, passed in Criminal (Juvenile) Appeal No. 41 of 2016, whereby learned Sessions Judge, Gaya, has rejected the appeal preferred against an order, dated 07.05.2016, passed by the Juvenile Justice Board, Gaya, in G.R. No. 4713 of 2014, arising out of Mufassil Police Station Case No. 461 of 2014. By the orders impugned, the Courts below have refused to release the petitioner on bail.
The petitioner is a juvenile and he is an accused in a case disclosing offence punishable under Sections 366A/376G/34 of the Indian Penal Code, Sections 3 (ii) (v)
Patna High Court CR. REV. No.769 of 2016 (4) dt.31-01-2017 2/3 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act and Section 6 of the Protection of Children from Sexual Offence Act, 2012.
By an order, dated 10.01.2017, the Juvenile Justice Board, Gaya was directed to send a report as regards the present status of enquiry under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000. In pursuance to the said order, dated 10.01.2017, a report has accordingly been submitted by learned Principal Judicial Magistrate, Juvenile Justice Board, Gaya.
I have perused the report submitted by the learned Principal Judicial Magistrate, Juvenile Justice Board, Gaya, from which it transpires that substance of accusation have been explained to the petitioner and the inquiry, under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000, has been initiated. The Medical Officer has already been examined as PW 1.
Considering the facts and circumstances of the case, I direct the Juvenile Justice Board, Gaya, to expedite the enquiry and conclude it within a period of four 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
Patna High Court CR. REV. No.769 of 2016 (4) dt.31-01-2017 3/3 concluded by the Juvenile Justice Board, Gaya, within the aforesaid period of four months, the petitioner will be at liberty to renew his prayer for bail before the appropriate forum.
This application stands disposed of with the observation and direction, as above.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √