Sonu Kumar @ Manoranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINALAPPEAL (SJ) No.4859 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- KOTWA District- East Champaran ====================================================== SONU KUMAR @ MANORANJAN SON OF RAMESHWAR SAH RESIDENT OF VILLAGE- TALWA POKHAR, P.S- KOTWA, DIST- EAST CHAMPARAN, THROUGH HIS FATHER/GUARDIAN, ABOUT YEARS SON OF SOORAJ SAH RESIDENT OF VILLAGE- TALWA POKHAR, P.S- KOTWA, DIST- EAST CHAMPARAN ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Abhishek Kumar For the Respondent/s :
Mr. Abha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2022 Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing for the State. This appeal has been filed for setting aside the order dated 01.11.2021 passed by learned Additional District and Sessions Judge-I-cum-Special Judge, SC/ST, Champaran at Motihari in Children Trial No. 14 of 2021 arising out of Kotwa P.S. Case No. 92 of 2021, whereby and whereunder the prayer for bail made on behalf of the appellant has been rejected. Learned counsel appearing for the appellant submits that the learned court below has committed error in passing the order impugned. The court below has failed to appreciate the fact that the Juvenile Justice Board had assessed the age of the
Patna High Court CR. APP (SJ) No.4859 of 2021(3) dt.21-07-2022 2/3 appellant to be above 16 years without conducting any preliminary inquiry with regard to his mental and physical capacity to commit such offence.
Learned Additional Public Prosecutor appearing for the State opposes the prayer for bail and submits that the report of the Probation Officer is silent. From perusal of the order of the Juvenile Justice Board, it appears that the Court below has assessed the appellant is physically and mentally sound and his case be tried as an adult. The Children Court also found that the appellant is physically and mentally sound and he behaves like an adult. The learned Court also recorded that if the appellant is released on bail, there is possibility of appellant to join with the criminal associates.
On bare perusal of provision of Section 12 of the Juvenile Justice (Care and Protection and of Children) Act, 2015, it appears that Juvenile in conflict with law shall be released on bail unless there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
Having considered the facts and circumstances of the
Patna High Court CR. APP (SJ) No.4859 of 2021(3) dt.21-07-2022 3/3 case, the report of the Probation Officer and the finding of the learned Court below as also the submissions advanced on behalf of the parties, this Court does not find any error in the order of the Court below. Accordingly, this appeal is dismissed. Let the defects as pointed out by the office be removed within a period of four weeks.
shailendra/- (Arvind Srivastava, J) U T