Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.186 of 2018 ===================================== Santosh Kumar, S/o Rajeshwar Yadav, Resident of VillageMasaundha, P.S.- Kasma, District- Aurangabad, under the Guardianship of his father namely Rajeshwar Yadav, S/o Mahavir Yadav, Resident of Village- Masaundha, P.S.- Kasma, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Krishna Pd. Singh, Sr. Adv. Mr. Saket Kumar Singh, Adv.

For the State :Mr. Umanath Mishra, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-08-2018 The petitioner has been made accused in connection with Aurangabad Mahila P.S. Case No. 24 of 2017, dated 22.06.2017, instituted for the offences under Sections 341 and 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was declared a juvenile, but his age was assessed to be more than 16 years on the date of the occurrence. The Juvenile Justice Board, Aurangabad (in short the Board), therefore, rejected the prayer of the

Patna High Court CR. REV. No.186 of 2018 (4) dt.18-08-2018 2/2 petitioner for his release from the Remand Home and also transmitted his case to the Appellate Court/Child Court for trial and disposal in terms of Sections 15 and 18 of the Juvenile Justice (Care and Protection of Children Act), 2015. The learned Appellate Court/Child Court has agreed with the findings of the Board in not releasing the petitioner from the Remand Home.

Considering the nature of accusation and the reasonings given by the Board as also by the Appellate Court/Child Court for not releasing the petitioner from the Remand Home, this Court does not wish to interfere with the aforesaid orders.

The revision petition is, thus, dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T