Hariom Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (SJ) No. 3764 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- HILSA District- Nalanda ====================================================== HARIOM KUMAR Son of Sachchida Kewat Resident of Village- Mirzapur, P.S.- Parwalpur, District- Nalanda under Guardianship of his father namely Sachchida Kewat, Resident of Village- Mirzapur, Police Station- Parwalpur, District- Nalanda.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sudish Kumar For the Respondent/s :

Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-08-2022 Heard learned counsel for the appellant and learned counsel for the State.

This appeal has been filed for setting aside the order dated 13.07.2021 passed by the learned Additional Sessions Judge-IX-cum Special Judge (Children Court), Nalanda at Biharsharif vide Children Case No. 01 of 2021 in connection with Hilsa P.S. Case No. 134 of 2020.

The impugned order mentions that the child in conflict with law is enough matured to understand the consequences of his act and yet he is mature enough mentally and physically and only taking plea of Juvenility on the basis of certificate, the gravity of offence committed by him cannot be ignored. The appellant is alleged to have entered into contract

Patna High Court CR. APP (SJ) No. 3764 of 2021(4) dt.18-08-2022 2/2 for killing of deceased. Further it mentions that after release, the appellant can come in contact of unsocial elements and involve himself in such type of offences. The allegation leveled against him is of very serious in nature.

The report of the Social Investigation shows that it is necessary to keep the child under observation with strict warning so that he does not walk on the wrong path. Having considered the facts and circumstances of the case and the report of the Probation Officer as also the submissions advanced on behalf of the parties, this Court does not find any error in the orders of the Court below. Accordingly, this appeal is dismissed.

shailendra/- (Arvind Srivastava, J) U T