Sobrati Miyan @ Petua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.878 of 2016 ======================================================

1. Sobrati Miyan @ Petua, Son of Taslim Miyan, Resident of VillageLarauli, P.S. Sidhwalia, District- Gopalganj. Under the guardianship of his father Taslim Miyan, S/o- Late Hadis Miyan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Respondent/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This criminal revision application has been filed against an order, dated 08.07.2016, passed in Criminal Appeal No. 86 of 2016, whereby learned Sessions Judge, Gopalganj, has rejected the appeal preferred against an order, dated 24.05.2016, passed by the Juvenile Justice Board, Gopalganj, in J. E. No. 54 of 2016, arising out of Gopalganj (Mahila) Police Station Case No. 27 of 2015. By the orders impugned, the Courts below have refused to release the petitioner on bail.

The petitioner is a juvenile and he is an accused in a case disclosing offence punishable under Section 376

Patna High Court CR. REV. No.878 of 2016 (4) dt.31-01-2017 2/3

(2) (h) of the Indian Penal Code and Sections 3, 4 and 8 of the Protection of Children from Sexual Offence Act, 2012. By an order, dated 10.01.2017, the Juvenile Justice Board, Gopalganj was directed to send a report as regards the present status of enquiry under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000. In pursuance to the said order, dated 10.01.2017, a report has accordingly been submitted by learned Principal Judicial Magistrate, Juvenile Justice Board, Gopalganj.

I have perused the report submitted by the learned Principal Magistrate, Juvenile Justice Board, Gopalganj, from which it transpires that substance of accusation have been explained to the petitioner and two witnesses have already been examined.

Considering the facts and circumstances of the case, I direct the Juvenile Justice Board, Gopalganj, to expedite the enquiry and conclude it within a period of four 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, Gaya, within the aforesaid period of four months, the petitioner will be at

Patna High Court CR. REV. No.878 of 2016 (4) dt.31-01-2017 3/3 liberty to renew his prayer for bail before the appropriate forum.

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

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