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
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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.)