Patna High CourtCR. REV./131/2017disposed

Shashi Kumar @ Rohit Kumar v. State Of Bihar And ANR

2017-03-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.131 of 2017 ======================================================

1. Shashi Kumar @ Rohit Kumar Son of Jitendra Sao Resident of VillageTehta, P.S. Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jeetendra Saw Son of late Nathun Saw Resident of Village- Beladih, P.S. Belganj, District- Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Respondent/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2017 Heard learned counsel for the parties.

2. The petitioner is a juvenile in conflict with law, who has been apprehended in connection with Belaganj P. S. Case No. 180 of 2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. His request for his release on bail was rejected by order dated 01.10.2016 passed by learned Principal Magistrate, Juvenile Justice Board, Gaya. The appellate Court of learned District and Sessions Judge, Gaya has confirmed the said order of the Juvenile Justice Board by order dated 18.11.2016 passed in Cr. (Juvenile) Appeal No. 96 of 2016.

3. The petitioner is aggrieved by the said orders.

4. From the impugned orders, I find that the petitioner's

application for bail has been rejected on the ground that his release will defeat the ends of justice and there was possibility of him falling in association with known criminals.

5. I have perused the materials on record. Considering the circumstance in which the petitioner's prayer for bail has been refused by the Court below and the Juvenile Justice Board cannot be said to be unjustifiable. The said orders do not require any interference.

6. However, the statutory provisions under the Juvenile Justice Act lay down the period during which enquiry against a juvenile are to be concluded. Non-conclusion of the enquiry within reasonable period is a serious matter.

7. This application is, accordingly, disposed of with a direction to the Juvenile Justice Board, Gaya to conclude the enquiry within a period of six months from the date of the communication of the present order. If the enquiry is not concluded within the period aforesaid, the petitioner shall be at liberty to renew his prayer for bail before appropriate forum. (Chakradhari Sharan Singh, J) ArunKumar/- U