Patna High CourtCR. REV./1215/2016disposed

Sunu Kumar Tiwary @ Sonu Tiwary @ Manjit Tiwary v. The State Of Bihar

2017-07-06Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1215 of 2016 ========================================= Sunu Kumar Tiwary @ Sonu Tiwary @ Manjit Tiwary, aged about 16 years, Son of Mohan Tiwary, resident of village - Bangra Paschimi Tola, P.S. - Mashrakh, District - Chapra, Saran. Under the guardianship of his father Mohan Tiwary.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Maheshwar Prasad, Adv. For the State : Mr. Shyam Kumar Singh, APP =========================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 06-07-2017 A report has been received from learned Chief Judicial Magistrate, Saran at Chapra, in compliance of this Court's order, dated 09.03.2017, from which it appears that the charge-sheet and the case diary have been made available to the Juvenile Justice Board, Chapra (hereinafter referred to as the "Board").

Patna High Court CR. REV. No.1215 of 2016 dt.06-07-2017 2/3

2. The petitioner is a juvenile and he is aggrieved by refusal of his application for release on bail by the Board, vide an order, dated 01.10.2016, and subsequently by the learned Additional Sessions JudgeIst, Saran at Chapra, by an order, dated 22.11.2016, passed in Cr. Appeal No. 24 of 2016.

3. On perusal of the two impugned orders, I notice that the Board and the court below have refused to release the petitioner on bail on the logic that he may fall in association with criminals. The reason cannot be said to be completely unjustified, considering the nature of the case in which the petitioner has been found to be involved, he being a juvenile.

4. Learned counsel for the petitioner has, however, submitted that the petitioner is in observation home/custody since 23.07.2016.

5. Considering the above, this application is disposed of with a direction to the Board to conclude the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, within a period of three (3) months from the date of receipt/production of a copy of this order. If the said enquiry is not completed within the aforesaid period, the petitioner shall be at

Patna High Court CR. REV. No.1215 of 2016 dt.06-07-2017 3/3 liberty to renew his prayer for bail before appropriate forum.

6. This application is, accordingly, disposed of. (Chakradhari Sharan Singh, J.) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08/07/17 08/07/17 Transmission Date