Minor Ashish Kumar @ Sonu Kumar Vs State of Rajasthan through Pp

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail No. 10426 / 2017

Minor Ashish Kumar @ Sonu Kumar S/o Raju Prasad Soni, Through Guardian His Father Raju Prasad Soni, Aged About 15 Years, R/o Garkha PS Garkha District Saran, Bihar.

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Mahaveer Singh Chitosia For Respondent(s) : Mr. N.S. Shekhawat, P.P. for State

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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01/09/2017

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Petitioners have filed this miscellaneous bail application under Section 438 Cr.P.C.

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F.I.R. No. 515/2012 was registered at Police Station Kotwali Dausa Distt. Dausa (Raj.) for offence under Section 412 of I.P.C.

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It is contended by counsel for the petitioner that offence made out against the present petitioner is under Section 412 of I.P.C. Petitioner has apprehension that he will not be arrested by the police.

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Learned Public prosecutor has opposed the bail application. His contention is that Section 438 Cr.P.C. has no applicability in cases of minors.

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It is contended that the Juvenile Justice (Care and Protection of Children) Act, 2015 is a core in itself which provides for

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(2 of 2)

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[CRLMB-10426/2017]

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apprehension and bail to the Juvenile. The proviso to sub-Section 10 specifically provides that in no case a child alleged to be in conflict with law shall be placed in police lock-up or locked in a jail. There being a specific provision pertaining to a Juvenile. The provisions of Section 438 Cr.P.C. will have no applicability.

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Consequently, the bail application is dismissed as not maintainable.

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(PANKAJ BHANDARI), J.

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Amit/6

Minor Ashish Kumar @ Sonu Kumar v. State of Rajasthan through Pp

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Minor Ashish Kumar @ Sonu Kumar v. State of Rajasthan through Pp

Case brief

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