Patna High CourtCR. REV./889/2016disposed

Chandan Kumar v. The State Of Bihar

2017-01-31Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.889 of 2016 ======================================================

1. Chandan Kumar S/o Teju Prasad @ Teju Prasad Tanti R/o Village Manpur, Surya Boknara Road, P.S. Buniyadganj, District - Gaya through guardian father Shri Teju Prasad @ Teju Prasad Tanti .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. Ram Bachan Singh ====================================================== 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 29.07.2016, passed in Criminal (Juvenile) Appeal No. 55 of 2016, whereby learned Sessions Judge, Gaya, has rejected the appeal preferred against an order, dated 30.06.2016, passed by the Juvenile Justice Board, Gaya, in Misc. Case No. 30 of 2016, arising out of Buniyadganj Police Station Case No. 03 of 2016. 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 302

Patna High Court CR. REV. No.889 of 2016 (4) dt.31-01-2017 2/3 read with Section 34 of the Indian Penal Code. 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 07.02.2017 is the date fixed for explaining substance of accusation to the petitioner.

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 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.

Patna High Court CR. REV. No.889 of 2016 (4) dt.31-01-2017 3/3 This application stands disposed of with the observation and direction, as above.

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