High Court Patna High Court - Orders

Sonu Kumar vs The State Of Bihar on 25 January, 2011

Patna High Court – Orders
Sonu Kumar vs The State Of Bihar on 25 January, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.3183 of 2011
                                        SONU KUMAR
                                             Versus
                                   THE STATE OF BIHAR
                                           -----------

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)