Disposed

Ravi Kumar v. The State Of Bihar

Patna HC7 Feb 2017CR. REV./557/2016

Case brief

AI extract

What is this about?

Petitioner, a minor accused of rape and POCSO offences, challenged refusal of bail. The court refused to interfere with lower orders but directed the Juvenile Justice Board to conclude the enquiry under Section 14 of the JJ Act 2015 within six months.

What did the court decide?

Direction to Juvenile Justice Board to conclude the enquiry under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, within six months; liberty to renew prayer for bail if

Ravi Kumar Vs The State Of Bihar — Child Custody and Guardianship | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Revision No.557 of 2016

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Ravi Kumar, minor son of Mahendra Choudhary, through his father and natural guardian Mahendra Choudhary, S/o Late Lok Nath Choudhary, R/o Vill.Sanjhouli, P.S. Sanjhouli, District- Rohtas.

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. D.K. Sinha, Sr. Adv.

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Mr. Abhinay Raj, Adv. For the State : Mr. Khurshid Anwar, APP

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL JUDGMENT & ORDER

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Date: 07-02-2017

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Heard the parties.

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The petitioner, who has been declared to be a child in conflict with law, is aggrieved by an order, dated 08.02.2016, passed by learned Juvenile Justice Board, Rohtas (hereinafter referred to as the “J.J. Board”) , in connection with Juvenile Justice Board Case No. 2 of 2016, arising out of Sanjhouli P.S. Case No. 115 of 2015, and order, dated 11.03.2016, passed by learned Sessions Judge, Rohtas at Sasaram, in Cr. Appeal No. 10 of 2016,

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Patna High Court CR. REV. No.557 of 2016 dt.07-02-2017

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by which petitioner’s prayer for release on bail has been refused.

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The petitioner is an accused in said Sanjhouli P.S. Case No. 115 of 2015, which has been registered for the offence punishable under Section 376(G)/34 of the Indian Penal Code and Section 4/6 of the Prevention of Children from Sexual Offences

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Act, 2012.

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From the materials on record, it appears that there is no substantial progress in enquiry, contemplated under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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Learned senior counsel, appearing on behalf of the petitioner, has submitted that the petitioner has already remained in observation home/custody since 17.12.2015.

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Considering the facts and circumstances of the case, without interfering with the impugned orders, passed by the J.J. Board and the learned court below, this application is disposed of with a direction to conclude the enquiry, under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, as expeditiously as possible and within a maximum period of six (6) months from the date or receipt/production of copy of this judgment and order.

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If the enquiry is not concluded within the aforesaid

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Patna High Court CR. REV. No.557 of 2016 dt.07-02-2017

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period, the petitioner shall be at liberty to renew his prayer for bail before appropriate forum in accordance with law.

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With the above observations, this application stands

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disposed of.

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(Chakradhari Sharan Singh, J)

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Praveen-II/-

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AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.02.2017 Transmission 08.02.2017 Date

Ravi Kumar v. The State Of Bihar

Case brief

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Ravi Kumar v. The State Of Bihar

Case brief

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