Dheeraj Kumar Gupta @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1245 of 2016 ====================================================== Dheeraj Kumar Gupta @ Dheeraj Kumar, son of Dinesh Chandra Prasad, resident of village Parei, Police Station shikarganj, District East Champaran, under the guardianship of his father, namely, Dinesh Chandra Prasad, son of Daroga Prasad, resident of village Parei, Police Station Shikarganj, district East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Respondent/s : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2017 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 18.08.2016, passed in Criminal Appeal No. 95 of 2016, whereby learned Sessions Judge, East Champaran, at Motihari, has rejected the appeal preferred against an order, dated 16.06.2016, passed by the Juvenile Justice Board, East Champaran, at Motihari, in Trial No. 932 of 2016, arising out of Chhatauni Police Station Case No. 269 of 2015.

The petitioner is a juvenile and he is an accused

Patna High Court CR. REV. No.1245 of 2016 (2) dt.25-01-2017 2/3 in a case disclosing offence punishable under Section 379/34 of the Indian Penal Code.

From the impugned order, I find that taking into account the long criminal antecedent of the petitioner, his bail application has been rejected by the Juvenile Justice Board, East Champaran, at Motihari, which has, subsequent, been affirmed by learned Sessions Judge, East Champaran, at Motihari.

The petitioner is said to be in Observation Home since 16.03.2016. There is, however, no clue as to whether the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, has so far been completed or not by the Juvenile Justice Board, East Champaran, at Motihari.

Considering the antecedent of the petitioner, I am not inclined to interfere with the impugned orders. However, considering the nature of accusation made against the petitioner, it is directed that if the enquiry, under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2015, is not completed by the Juvenile Justice Board, East Champaran, at Motihari, within a period of two months from the date of receipt/production of a copy of this order, the petitioner shall be released on bail forthwith.

Patna High Court CR. REV. No.1245 of 2016 (2) dt.25-01-2017 3/3 This application stands disposed of with the direction, as above.

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