Anandi Kumar @ Anandi Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (SJ) No.4851 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== ANANDI KUMAR @ ANANDI KEWAT S/o Buddhu Kewat @ Buddhu Kevat R/o Village - Badi Takiya Kala, P.S. - Deepnagar, District - nalanda, Minor son of Buddhu Kewat @ Buddhu Kevat, under natural guardianship, R/o Village - Badi Takiya Kala, P.S. - Deepnagar, District - Nalanda. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raj Kishor Prasad, Adv.

Mr. Ashok Kumar, Adv.

For the Respondent/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-10-2022 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

This appeal has been filed for setting aside the order dated 04.10.2021 passed by the Additional Sessions Judge-I, Nalanda, Biharsharif in connection with Children Case No. 20 of 2021 arising out of Deepnagar P.S. Case No. 157 of 2020, G.R. No. 2920 of 2020.

The impugned order mentions that the juvenile appellant (Child in conflict with law) was dealing in selling of fish in the market. His involvement appears in the occurrence and on his release, family of victim can do any harm to the juvenile in revenge. There is question of safety of juvenile as his

Patna High Court CR. APP (SJ) No.4851 of 2021(8) dt.13-10-2022 2/2 offence is of very serious in nature. There is lack of guardianship as he is habitual offender and his involvement appears in many offences. The juvenile is enough mentally mature to understand the nature and consequences of his act and there is threat to his safety.

The report of the Social Investigation shows that the appellant has criminal antecedents. Further the report mentions that in the best interest of juvenile and of society, the juvenile must be kept in institutional care and only after reformation in the character of the juvenile, he can be released. Having considered the facts and circumstances of the case and report of the Probation Officer as also the submissions advanced on behalf of the parties, this Court does not find any error in the orders of the Court below. Accordingly, this appeal is dismissed.

utkarsh/- (Arvind Srivastava, J) U T