Patna High CourtCR. REV./273/2017disposed

Mahtab @ Buddhan v. The State Of Bihar

2017-07-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.273 of 2017 ======================================================

1. Mahtab @ Buddhan minor through guardian Aunty-Azmaimun Nisha, wife of Md. Quasim AnsariS/o Md. Hashim, R/o Village- Ithari, P.S.- Gurua, Distt.- Gaya, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brijeshwar Narayan Singh For the Respondent/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2017 Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor representing the State. This Criminal Revision application has been filed against an order, dated 06.01.2017, passed in Criminal Appeal No. 11 of 2016, whereby learned First Additional Sessions Judge, Gaya, has rejected the appeal preferred against an order, dated 27.10.2016, passed by the Juvenile Justice Board, Gaya, in Misc. No. 180 of 2016, refusing petitioner's petition for his release on bail. The petitioner is a juvenile and he is an accused in a case disclosing offence punishable under Sections 376 of the Indian Penal Code and 6 of the Protection of Children from Sexual Offence Act, 2012.

Learned counsel for the petitioner has submitted that

the petitioner is in custody/Observation Home and there is no progress in the enquiry as contemplated under Section 14 of the Juvenile Justice (Care & Protection of Children) Act, 2000. In that view of the matter, I dispose of the application with a direction to the Juvenile Justice Board, Gaya, 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 of the 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 may renew his prayer for his release on bail before appropriate forum in accordance with law.

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

(Chakradhari Sharan Singh, J) ArunKumar/- U