High Court Patna High Court - Orders

Rupak Kumar vs State Of Bihar on 20 September, 2010

Patna High Court – Orders
Rupak Kumar vs State Of Bihar on 20 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CR. REV. No.1389 of 2010
                        RUPAK KUMAR S/O SURESH PRASAD GUPTA
                                                       --- PETITIONER
                                           Versus
                                     STATE OF BIHAR
                                                         --- OPP PARTY
                                         -----------

02 20.09.2010 Heard learned counsel for the petitioner and the State.

Petitioner is facing prosecution under Section 306 of the

Penal Code. He has been declared juvenile. It is stated that he is in

custody (remand home) in connection with this case since 27.11.2007.

Learned counsel for the petitioner submits that in terms

of the Provision of the Juvenile Justice (Care and Protection of

Children) Act, 2000 (hereinafter referred to as the ‘Act’), the

maximum sentence to be awarded on a juvenile is 03 years. It is thus

the contention that he has nearly served out the maximum sentence. It

appears that his application for bail was considered and rejected by

learned Juvenile Justice Board on 09.06.2010. The matter requires

fresh consideration by learned Juvenile Justice Board.

In that view of the matter, this Court disposes of the

present application permitting the petitioner to approach the Juvenile

Justice Board for appropriate order in terms of the Act.

It is made clear that learned Principal Magistrate shall

dispose of his application in accordance with law uninfluenced by the

present order.

Sym                                                                 ( Kishore K. Mandal, J.)