Shri Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.899 of 2016 ======================================================

1. Shri Kant Kumar S/o Basant Ram resident of village - Uchitpur, Police Station Sasaram ( M ), District Rohtas ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Singh For the Respondent/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. In compliance of the order of this Court, dated 10.01.2017, a report has been submitted by learned Principal Member, Juvenile Justice Board, Rohtas, at Sasaram, from which it appears that the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, has commenced.

Learned Counsel for the petitioner has submitted that the petitioner has remained in custody/under observation continuously since 04.10.2015. The petitioner is aggrieved by an order, dated 31.05.2016, passed, in Criminal Appeal No. 29 of 2016, by learned Sessions Judge, Rohtas, at Sasaram, whereby he has refused to interfere with the order, dated 04.05.2016,

Patna High Court CR. REV. No.899 of 2016 (4) dt.02-02-2017 2/3 passed by the Juvenile Justice Board, Rohtas, at Sasaram, refusing petitioner's prayer for his release on bail, in J.J.B. Case No. 159 of 2015, arising out of Sasaram (M) Police Station Case No. 1100 of 2015, registered for the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that despite there being no material on record, the Juvenile Justice Board and learned Appellate Court have come to an erroneous conclusion that if release on bail, the petitioner would fall in association with criminals. He contends that there is no such report from the Probation Officer in this regard.

However, considering the facts and circumstances of the case, I dispose of this application with a direction to the Juvenile Justice Board, Rohtas, at Sasaram, to expedite the enquiry and conclude it within a period of six months from the date of communication of the present order.

If the enquiry, under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000, is not concluded by the Juvenile Justice Board, Rohtas, at Sasaram, within the aforesaid of six months, the petitioner will be at liberty to renew his prayer for bail before the

Patna High Court CR. REV. No.899 of 2016 (4) dt.02-02-2017 3/3 appropriate forum in accordance with law.

This application stands disposed of with the observation and direction, as above.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √