The Patna High Court allowed this criminal revision and set aside the impugned order dismissing the appeal. The court ordered the release of the minor petitioner on bail, citing the delay in the trial due to the non-appointment of Juvenile Justice Board members.
Petitioner released on bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. REV. No.1165 of 2012 (2) dt.28-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1165 of 2012
====================================================== Natuli Yadav @ Mukesh Yadav (Minor) son of late Horil Yadav under guardianship of his grand father, namely, Ishwar Yadav, resident of VillageBanjama, P.S.-Jhajha, District-Jamui. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 28-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has preferred this criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 28.02.2012 passed in Criminal (Juvenile) Appeal 04 of 2012 by the Sessions Judge, Jamui, whereby the learned Sessions Judge dismissed the aforesaid criminal appeal preferred by the petitioner against the order dated 23.12.2011 passed in G.R. No. 1931 of 2008 by the Principal Magistrate, Juvenile Justice Board, Jamui rejecting the prayer of the bail of the petitioner.
Learned counsel for the petitioner submits that earlier the petitioner had preferred the Criminal Revision No. 137 of 2011 before this Hon’ble Court, whereby the prayer of the bail of the petitioner was refused with observation that the petitioner may
Patna High Court CR. REV. No.1165 of 2012 (2) dt.28-01-2013
renew his prayer for bail if the trial is not taken up and substantial progress achieved thereat within eight months from the date of receipt of this order. The enquiry of the petitioner could not be completed due to absence of the members of the Juvenile Justice Board and after passing over eight months, the petitioner prayed again for bail before the Juvenile Justice Board, which was rejected by the Principal Magistrate, Juvenile Justice Board, Jamui on 23.12.2011. Thereafter, the petitioner preferred the Criminal (Juvenile) Appeal No. 04 of 2012, which was also dismissed through the impugned order by the learned Sessions Judge, Jamui. At present, the enquiry is held up due to non appointment of the members of the Juvenile Justice Board and the petitioner is in custody since 26.06.2009.
It appears from Annexure-4 to this application that the Criminal Revision No. 137 of 2011, preferred by the petitioner was earlier dismissed by this Court refusing his payer for bail with direction that the petitioner may renew his prayer for bail if the trial is not taken up and substantial progress achieved thereat within eight months from the date of receipt of this order. It appears that due to non progress of the enquiry in the matter of the petitioner, the petitioner prayed for bail before the Juvenile Justice Board, which was rejected through order dated 23.12.2011.
Patna High Court CR. REV. No.1165 of 2012 (2) dt.28-01-2013
Annexure-6 to this application which is the order dated 31.05.2012 passed by the Principal Magistrate, Juvenile Justice Board, shows that due to non appointment of the members of the Board, the order has not been passed.
Under the aforesaid facts and circumstances, the order dated 28.02.2012 passed by the Sessions Judge, Jamui in Criminal (Juvenile) Appeal 04 of 2012 is hereby set aside and this criminal revision is allowed. The petitioner, namely, Natuli Yadav @ Mukesh Yadav, is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Jamui, in connection with G.R. No. 1931 of 2008. Out of two sureties one surety must be parent who will give an undertaking also to the effect that he/she will take care to the petitioner so that petitioner may not indulge in bad association.
Let this order be communicated to the court concerned through FAX at the cost of the petitioner.
(Rajendra Kumar Mishra, J)
Safik/-
2 issues framed by the court
Whether to grant bail to a minor petitioner whose bail prayers were previously refused due to non-appointment of Juvenile Justice Board members.
Whether the impugned order dismissing the appeal against the rejection of bail while the enquiry was held up should be set aside.
1 provisions across 1 enactments
Natuli Yadav @ Mukesh Yadav
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
