Patna High CourtCR. REV./1250/2016rejected

Raushan Kumar v. The State Of Bihar

2017-02-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1250 of 2016 ======================================================

1. Raushan Kumar, Son of Sujeet Paswan, Resident of Village- Kanhauli Math, Ajrakway, P.S. Mithanpura, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Respondent/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-02-2017 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 10.11.2016, passed in Criminal Appeal No. 83 of 2016, whereby learned Additional Sessions Judge I -cum- Special Judge, POCSO Act, Muzaffarpur, has rejected the appeal preferred against an order, dated 28.09.2016, passed by the Juvenile Justice Board, Muzaffarpur, in Trial No. 09 of 2015, arising out of Mithanpura Police Station Case No. 23 of 2015, refusing petitioner's petition for his release on bail. The petitioner is a juvenile and he is an accused in a case disclosing offences punishable under Sections 341 and 323 of the Indian Penal Code and

Patna High Court CR. REV. No.1250 of 2016 (3) dt.07-02-2017 2/2 Sections 8, 12 and 18 of the Protection of Children from Sexual Offence Act, 2012.

Learned Counsel for the petitioner has submitted that the petitioner is in custody/Observation Home since 06.06.2016 and there is no progress in the enquiry, as contemplated under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Considering the facts and circumstances of the case, I direct the Juvenile Justice Board, Muzaffarpur, 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 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is not concluded by the Juvenile Justice Board, Muzaffapur, within the aforesaid period of six months, the petitioner may renew his prayer for his release on bail before 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 √