Brajesh Kumar @ Brajesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.402 of 2016 ======================================================
1. Brajesh Kumar @ Brajesh Rai Son of Shiv Parsan Rai(Under guardianship of Natural guardian father namely Shiv Prasad Rai son of Hir Rai) resident of Village- Pakahan, Police Station- Marhowrah, District saran at chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikramdev Singh, Advocate Mr. Narendra Kumar, Advocate For the Respondent/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This criminal revision application, under Section 53 Juvenile Justice (Care and Protection of Children) Act, 2000, has been filed against an order, dated 08.01.2016, passed, in Criminal Appeal No. 145 of 2015, by learned Sessions Judge, Saran, at Chapra, whereby, while dismissing the appeal, he has affirmed an order, dated 03.12.2015, passed by the Juvenile Justice Board, Saran, at Chapra, in JJB Case No. 1514 of 2015, arising out of Amnour Police Station Case No. 51 of 2015, of refusal of the petitioner's application for his release on bail.
Patna High Court CR. REV. No.402 of 2016 (7) dt.06-02-2017 2/3 The petitioner has been declared to be a juvenile and he is an accused in a case disclosing offence punishable under Section 392 of the Indian Penal Code. When the matter was taken up on 25.11.2016, this Court wanted to know the stage of the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, before the Juvenile Justice Board, Saran, at Chapra.
In compliance of the said order, dated 25.11.2016, a report has accordingly been submitted by learned Principal Judicial Magistrate, Juvenile Justice Board, Saran, at Chapra.
From the said report, it appears that the petitioner was reported as "run away" and after passing of an order on 09.12.2016 in the present matter, he appeared before the Juvenile Justice Board on 17.12.2016. A supplementary affidavit has been filed on behalf of the petitioner, bringing on record the order sheet of the said JJB Case No. 1514 of 2015/1358 of 2016/1221 of 2017, from which it transpires that the petitioner has managed to stay away from the Observation Home at times under the order of the Juvenile Justice Board and for a considerable period of time, jumping the concession so granted to him.
Patna High Court CR. REV. No.402 of 2016 (7) dt.06-02-2017 3/3 In that background, I am not inclined to interfere with the orders in the present proceeding. Considering the facts and circumstances of the case, I direct the Juvenile Justice Board, Saran, at Chapra, to expedite the enquiry and conclude it expeditiously preferably within a period of six 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, Saran, at Chapra, within the aforesaid period of six 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.) Prabhakar Anand/- U √ T √