Rakesh Kumar Singh @ Rakesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.29 of 2017 with Criminal Revision No.72 of 2017 with Criminal Revision No.77 of 2017 ======================================================
1. Rakesh Kumar Singh @ Rakesh Singh Son of Shri Ratneswar Parsad Singh @ Bithal Singh, Resident of Village- Mehiyan . Police StationChapra Mufassil , District- Saran(Chapra), Under the guardian of his father , namely , Shri Ratneshwar Parsad Singh @ Bithal Singh Son of Late Ram Ayodhya Singh.
.... .... Petitioner (in all cases)
Versus
1. The State of Bihar .... .... Respondent (in all cases) ====================================================== Appearance :
(In CR. REV. No.29 of 2017) For the Petitioner/s : Mr. Brij Kishor Mishra For the Respondent/s : Mr. Binod Kumar 3 (In CR. REV. No.72 of 2017) For the Petitioner/s : Mr. Brij Kishor Mishra For the Respondent/s : Ms. Pushpa Sinha (In CR. REV. No.77 of 2017) For the Petitioner/s : Mr. Brij Kishor Mishra For the Respondent/s : Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. These three criminal revision applications, under Section 53 Juvenile Justice (Care and Protection of Children) Act, 2000, have been filed by the petitioner, Rakesh Kumar Singh @ Rakesh Singh, as he has been
2/4 made accused in three cases, namely, (i) Chapra Mufassil Police Station Case No. 344 of 2015, registered for the offence punishable under Section 392 of the Indian Penal Code, (ii) Marhowrah Police Station Case No. 505 of 2015, registered for the offence punishable under Section 392 of the Indian Penal Code, and (iii) Marhowrah Police Station Case No. 09 of 2015, registered for the offence punishable under Section 394 of the Indian Penal Code.
The Juvenile Justice Board, Saran, at chapra, has rejected his prayer for release on bail in all the three cases aforementioned. The appeals, preferred by him against the orders refusing to release him on bail, have also been dismissed by different orders passed by the learned Sessions Judge, Saran, at Chapra, which are being assailed in the present criminal revision applications. Learned Counsel, appearing on behalf of the petitioner, has submitted that the petitioner was initially made an accused in Khaira Police Station Case No. 101 of 2015, registered for the offences punishable under Sections 394 and 307 pc and thereafter he has been remanded in various cases. He has further submitted that the petitioner is a bright student and while in Observation Home, he had appeared in the Intermediate Examination and cleared the examination with first division. He accordingly submits that
3/4 if he is allowed to remain in the Observation Home further, it will be detrimental to his future and against interest of justice.
It seems that there is no apparent progress in the enquiries in these cases before the Juvenile Justice Board, Saran, at Chapra, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Since the petitioner has been implicated in three more cases, I do not find it apt, in the interest of the petitioner, to be released on bail, for the present. At the same time, I am of the view that it will not be proper to allow him to remain in Observation Home for an indefinite period in the name of pendency of the enquiries.
In the facts and circumstances of the case, I direct the Juvenile Justice Board, Saran, at Chapra, to ensure expeditious conclusion of the enquiries in all the three cases, which is pending before it.
The Court expects that in any circumstance, the enquiries must be concluded within a period of three months from the date of communication of the present order.
If the enquiries in all the three cases aforementioned, under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000, are not concluded by
4/4 the Juvenile Justice Board, Saran, at Chapra, within the aforesaid of three months, the petitioner may renew his prayer for his release on bail before appropriate forum in accordance with law.
These applications stand disposed of with the observation and direction, as above.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √