← Library
Patna High CourtCR. MISC./37781/2014withdrawn

Suraj v. The State Of Bihar

2015-04-01Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37781 of 2014 Arising Out of PS.Case No. -138 Year- 2013 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Suraj, son of Atma Ram, resident of Village Kamarganj, P.S. Sultanganj, District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Sultanganj P.S. Case No. 138 of 2013 dated 31.07.2013 instituted under Sections 307/452/427/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is trivial in the sense that of only breaking the roof and glass of the maruti car and general and omnibus of assault. It is further submitted that the petitioner is young and only 15 years of age.

Patna High Court Cr.Misc. No.37781 of 2014 (2) dt.01-04-2015 2/2 Learned A.P.P. opposes the prayer for anticipatory bail and submits that once the petitioner is juvenile, he may move before the appropriate forum seeking bail and thus the Court may not interfere in the present proceeding.

Faced with the position, learned counsel for the petitioner seeks permission to withdraw the application with liberty to move before the appropriate forum in view of the fact that the petitioner is juvenile being only 15 years of age. Accordingly, the application stands disposed off as withdrawn.

If the petitioner moves before the court concerned raising plea of juvenility, the court concerned shall pass appropriate orders in accordance with law without being prejudiced by the present order on the same day. (Ahsanuddin Amanullah, J) Anjani/- U T