Patna High CourtCR. REV./805/2017disposed

Sonal Kumar @ Sonal Kumar Singh v. The State Of Bihar

2017-08-30Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.805 of 2017 =========================================================== Sonal Kumar @ Sonal Kumar Singh, Son of Shri Pradeep Singh, Resident of Village- Baliya, Police Station- Amba, District- Aurangabad, under the Guardianship of father namely Sri Pradeep Singh, Vill.- Baliya P.S. Amba, Distt.- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mrigank Mauli, Adv. Mr. Prince Kumar Mishra, Adv.

Mr. Sanket, Adv.

For the State : Mr. R.B. Roy Raman, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 30-08-2017 Earlier the petitioner's application, seeking revision of the order, dated 27.01.2017, passed by the learned Addl. Sessions Judge, Aurangabad, in Cr. Appeal No. 52 of 2016 (1 of 2017), had been disposed of by an order, dated 30.03.2017, with an observation that the Juvenile Justice Board must expedite conclusion of enquiry, under Section 14 of the Juvenile Justice

Patna High Court CR. REV. No.805 of 2017 dt.30-08-2017 2/3 (Care and Protection of Children) Act, 2015, and complete the said enquiry within a period of three months.

2. This is to be noted that by the said order, dated 27.01.2017, an order passed by the Juvenile Justice Board, Aurangabad, dated 15.12.2016, rejecting the petitioner's application for bail, had been affirmed.

3. The Court while making the observation, as noted above, in the order, dated 30.03.2017, had made it clear that if the enquiry was not completed within a period of three months, the petitioner shall be at liberty to apply for his release on bail before appropriate forum. The petitioner has filed this revision application in view of the said observation with a plea that the enquiry has yet not been completed.

4. The petitioner could have applied for bail before the Juvenile Justice Board, Aurangabad, in terms of observations made by this Court in the order, dated 30.03.2017, passed in Cr. Revision No. 180 of 2017, if the enquiry had not been concluded.

5. This application is disposed of with an observation that if the petitioner approaches the Juvenile Justice Board, Aurangabad, with his prayer for bail, the Juvenile Justice Board shall pass appropriate order in the light of the observation made by this Court in the order, dated 30.03.2017.

Patna High Court CR. REV. No.805 of 2017 dt.30-08-2017 3/3

6. It is indicated that in terms of various provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile cannot be allowed to remain in custody indefinitely on the ground of pendency of enquiry.

7. This application stands disposed of.

(Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.09.2017 Transmission Date 01.09.2017