Patna High CourtCR. REV./460/2016disposed

Babloo Chaudhary @ Babloo Kumar v. The State Of Bihar

2017-01-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.460 of 2016 ====================================================== 1.

Babloo Chaudhary @ Babloo Kumar Son of Ghughat Chaudhary@Rambilash Chaudhary R/o Village- Mastipura, PS Bodh Gaya, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Respondent/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This criminal revision application has been filed against an order, dated 29.03.2016, passed in Criminal Appeal No. 99 of 2016, whereby learned Additional Sessions Judge VII, Gaya, has rejected the appeal preferred against an order, dated 09.03.2016, passed by the Juvenile Justice Board, Gaya, in Misc. Case No. 16 of 2016, arising out of Bodh Gaya Police Station Case No. 34 of 2016. The petitioner is a juvenile and he is an accused in a case disclosing offence punishable under Sections 413 and 414 read with Section 34 of the Indian Penal Code. By an order, dated 09.01.2017, the Juvenile Justice Board, Gaya was directed to send a report as regards the present status of enquiry under Section 14 Juvenile Justice (Care and Protection of Children) Act, 2000.

Patna High Court CR. REV. No.460 of 2016 (5) dt.30-01-2017 2/2 In pursuance to the said order, dated 09.01.2017, a report has accordingly been submitted by learned Principal Judicial Magistrate, Juvenile Justice Board, Gaya, from which it appears that cognizance was taken under Section 413 and 414 read with Section 34 of the Indian Penal Code. The enquiry has, however, not been completed because the prosecution witnesses have not turned up.

Considering the facts and circumstances of the case, I direct 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 Juvenile Justice (Care and Protection of Children) Act, 2000, is not concluded by the Juvenile Justice Board, Gaya, within the aforesaid of four months, considering the period during which the petitioner has already remained in custody/Observation Home, he shall be required to be released on bail by the Juvenile Justice Board, Gaya. This application stands disposed of with the observation and direction, as above.

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