In an anticipatory bail application under Section 438 CrPC filed by a minor facing charges under the IPC and Dowry Prohibition Act, the court refused bail, directing the petitioner to follow Chapter IV of the Juvenile Justice Act, 2015.
Anticipatory bail denied; direction to follow Juvenile Justice Act procedure.
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06.10.2020 S.D. sl no. 52.
C.R.M. 7455 of 2020 CRAN 1 of 2020
(via video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Khargram P.S Case no. 324 of 2020 dated 1.11.2019 under sections 498A/326/304B/34 of the IPC read with Section 3/4 of the Dowry Prohibition Act.
And
In re : Chaina Khatun …… petitioner.
Mr. Navanil De
…… For the petitioner.
Mr. P.K. Dutta Mr. Pradipta Ganguly
…. For the State.
Petitioner undertakes to affirm and stamp the
petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.
Accordingly, the application being CRAN 1 of 2020 is disposed of.
The petitioner is apparently a child in conflict with the law. The petitioner through her natural guardian has applied for anticipatory bail.
In view of the provisions in Chapter IV of the Juvenile Justice (Care and Protection of Children) Act, 2015, we are not inclined to grant anticipatory bail of the petitioner. The petitioner must follow the procedure prescribed under the said Chapter.
2
It is made clear that we have not gone into the merits of the matter and in the event the petitioner prays for bail before the Magistrate, the Magistrate shall consider her application as expeditiously as possible in accordance with law.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)
1 issue framed by the court
Whether anticipatory bail can be granted to a child in conflict with the law under Section 438 CrPC before the Juvenile Act procedure is followed.
4 provisions across 4 enactments
Chaina Khatun
The State
Saugata Bhattacharyya
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
