The petitioner, declared a juvenile under POCSO, filed a bail application. This court held the application not maintainable as the appropriate remedy lies under the Juvenile Justice Act, 2001, citing Lalu Kumar.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4278 of 2020
Deepak Kumar ... … Petitioner Versus The State of Jharkhand ... … Opposite Party --------CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing --------- For the Petitioner : Mr. Atanu Banerjee, Advocate For the State : Ms. Shweta Singh, A.P.P. ---------
07/03.11.2020 Heard Mr. Atanu Banerjee, learned counsel for the petitioner and Ms. Shweta Singh, learned A.P.P. for the State.
Defects as pointed out by the office are ignored.
The petitioner is an accused in connection with Sudamdih P.S. Case No. 75 of 2019, corresponding to G.R. Case No. 299 of 2020.
The petitioner was declared a juvenile by the learned Special Judge, POCSO, Dhanbad on 19.12.2019. A question had arose as to whether this present bail application is maintainable in view of the existing provisions of the Juvenile Justice (Care and Protection of Children) Act. Reference was made to the case of “ Lalu Kumar versus State of Bihar” reported in '2019 SCC OnLine Pat 1697' and in view of the ratio laid down in the said case the appropriate remedy available to the present petitioner is to avail of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2001 for the remedy which has been sought for in the present application.
In such view of the matter, this application stands disposed of with a liberty to the petitioner to avail the remedy under the Juvenile Justice (Care and Protection of Children) Act, 2001.
This application stands disposed off.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether a bail application filed by a person declared a juvenile is maintainable under the National Habeas Corpus Act in the High Court.
Colour shows how this judgement treated each authority
Lalu Kumar versus State of BiharReferred¶6
'Lalu Kumar versus State of Bihar' reported in '2019 SCC OnLine Pat 1697' · Who else cites this
Deepak Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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