Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1136 of 2016 ====================================================== Amit Kumar, Son of Mukesh Sah, under the natural Guardianship of his father Mukesh Sah, Son of Yado Lal Sah, resident of Village- Noneya, P.S. Pahar Pur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party : Mr. Tarkeshwar Nath Thakur ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2017 In compliance of this Court's order, dated 25.01.2017, the learned Principal Magistrate, Juvenile Justice Board, East Champaran, at Motihari, has submitted a report relating to enquiry in connection with Trial No. 933 of 2016, arising out of Paharpur P.S. Case No. 78 of 2016, to the effect that the enquiry is at the stage of evidence. Heard the parties.

The petitioner has been declared to be a child in conflict with law and is an accused in said Paharpur P.S. Case

Patna High Court CR. REV. No.1136 of 2016 (3) dt.08-02-2017 2/3 No. 78 of 2016 of the offences punishable under Section 376/201 of the Indian Penal Code and Section 4 of the Prevention of Children from Sexual Offences Act. The petitioner's application for his release on bail has been rejected by the Juvenile Justice Board, East Champaran, at Motihari, by an order, dated 01.08.2016, passed in Trial No. 933 of 2016, which order has been affirmed by the learned 1st Additional Sessions Judge, East Champaran, at Motihari by an order, dated 30.09.2016, passed in Cr. Appeal No. 107 of 2016. In this background, the petitioner has filed this criminal revision application under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000.

Considering the nature of the offence alleged and the report of the Juvenile Justice Board, East Champaran, at Motihari to the effect that the matter is at the stage of evidence, this application is disposed of with a direction to the Juvenile Justice Board to conclude the enquiry within a period of four

(4) months from the date of receipt/production of a copy of this order.

The petitioner is, however, at liberty to renew his prayer for release on bail, if the enquiry is not concluded

Patna High Court CR. REV. No.1136 of 2016 (3) dt.08-02-2017 3/3 within the stipulated period of four (4) months. This application stands disposed of, but with the observation as above.

(Chakradhari Sharan Singh, J) Praveen-II/- U T