IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.3183 of 2011
SONU KUMAR
Versus
THE STATE OF BIHAR
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02/ 25.01.2011 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
Office has reported that bail rejection order on merit is
wanting.
It would appear from perusal of the record that petitioner
has been made accused in Lakhisarai P.S. Case no.298/2009/ GR no.
655/2009 for the offences under sections 392 and 411 of the IPC. It
would further appear that the petitioner claimed himself juvenile
before the learned CJM, Lakhisarai who sent the case record of the
petitioner to the court of Juvenile Justice Board, Lakhisarai where an
enquiry in respect of juvenility of the petitioner is still pending. In the
meantime, petitioner filed a bail petition before the Juvenile Justice
court, Lakhisarai who rejected prayer for bail of the petitioner on
merit. Subsequently, petitioner filed bail petition no. 682 L/2010
which was dismissed by the learned Addl. Sessions Judge, Lakhisarai
holding that above stated bail application is not maintainable and
petitioner ought to have filed appeal under the provision of Juvenile
Justice Act and after the aforesaid order, petitioner has filed this
criminal miscellaneous case before this court.
In my view, bail prayer of the petitioner has not been
considered as yet on merit by a competent court and the petitioner
ought to have filed bail petition before the learned CJM, Lakhisarai
and the learned CJM, Lakhisarai has got jurisdiction to dispose of the
bail petition of the petitioner till his declaration of juvenile.
Accordingly, this criminal miscellaneous case stands dismissed being
not maintainable.
However, the petitioner may file his bail petition before the
learned CJM, Lakhisarai who shall consider and dispose of regular
bail petition of the petitioner on its own merit after calling for the
record from the concerned court, if petitioner has not been declared
juvenile as yet by the competent court.
shahid (Hemant Kumar Srivastava,J)