Nagmani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.679 of 2016 ======================================================

1. Nagmani Singh S/o Uday Narayan Singh R/o Village- Dumari , P.S. Kharia, District Saran .

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner is a child in conflict with law and is an accused in Dighwara Police Station Case No. 134 of 2012, registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner's application for his release on bail was dismissed by the Juvenile Justice Board, Sara, at Chapra, by an order, dated 30.01.2016. His appeal against the said order has also been rejected by an order, dated 27.05.2016, by the learned Additional Sessions Judge XI, Saran, at Chapra, passed in Criminal Appeal No. 09 of 2016.

Patna High Court CR. REV. No.679 of 2016 (5) dt.14-02-2017 2/3 The present criminal revision application has been filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, seeking setting aside the said two orders of the learned Courts below and direction to release the petitioner on bail.

It is submitted on behalf of the petitioner that he was taken into custody on 19.07.2015 and since then he is in custody/Observation Home.

By an order, dated 09.01.2017, a report was called for from the Juvenile Justice Board, Saran, at Chapra, as regards the stage of enquiry, as contemplated under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000. In compliance of the said order, learned Principal Magistrate, Juvenile Justice Board, Saran, at Chapra, has submitted a report, from which it appears that enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is at the fag end and is likely to be completed within a period of one month.

In such circumstance, I am not inclined to interfere with the orders passed by the Juvenile Justice Board, Saran, at Chapra, and learned Additional Sessions Judge XI, Saran, at Chapra, whereby the prayer of the petitioner for his release on bail has been refused.

Patna High Court CR. REV. No.679 of 2016 (5) dt.14-02-2017 3/3 This application is, accordingly, disposed of with a direction to the Juvenile Justice Board, Saran, at Chapra, to ensure that the enquiry is concluded within a period of one month 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, Saran, at Chapra, within the aforesaid period of one month, the petitioner may renew his prayer for his release on bail before appropriate forum in accordance with law.

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