Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20006 of 2020 Arising Out of PS. Case No.-758 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Chhotu Kumar Son of Giranand Das @ Giro Das through his father (guardian) Giranand Das @ Giro Das aged about 50 years (Male), S/O - Zabasu Das, Resident of Village - Pokharbasti, P.S.- Forbesganj, DistrictAraria 2.

Pankaj Kumar Son of Kartik Das, through his father (Guardian) Kartik Das, aged about 55 years (Male), Son of Achinlal Sas, Resident of Village - Mirganj, P.S.- Jogbani, District- Araria 3.

Krishna @ Krishn Kumar Son of Khoku Das @ Shyamdeo Das, through his father (Guardian) Khoku Das @ Shyamdeo Das, aged about 48 years (Male), S/O- Fotay Das, Resident of Village - Mirganj, P.S.- Jogbani, District- Araria ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2020 The matter has been taken up through virtual Court proceeding.

The petitioners, being juvenile in conflict with law, have preferred the present application under Sections 439 & 440 of the Cr.P.C. in connection with Forbesganj P.S. Case No. 758 of 2019 registered for the offences punishable under Sections 302, 201, 354A/34 of the Indian Penal Code, 1860 and Section 8 of the Protection of Children from Sexual Offences Act, 2012. It appears from the impugned order that the

Patna High Court CR. MISC. No.20006 of 2020(2) dt.30-06-2020 2/2 petitioners were declared juvenile by Juvenile Justice Board, Araria after conducting an enquiry under Sectiion 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'Act') and subseqeuntly, the case was transferred to the Children Court for its trial and vide roder dated 06.02.2020, learned Additional Sessions Judge -cumSpecial Judge, Araria rejected the prayer for bail of the petitioners and hence, the application filed by the petitioners under Sections 439 and 440 of the Cr.P.C. is not maintainable. In the circumstances, learned counsel for the petitioners is permitted to convert the present application into an appeal under Section 101(5) of the Act by filing appropriate amendment application through e-mode. Thereafter, the office will make necessary correction in the file and list the converted appeal under heading 'For Admission'.

(Dinesh Kumar Singh, J) DKS/- U