Patna High Court
Sandeep Kumar @ Dholia @ Sandeep Kumar ... vs The State Of Bihar on 30 June, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.5 of 2020
Arising Out of PS. Case No.-50 Year-2019 Thana- DANDARI District- Begusarai
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XXX
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate
For the Respondent/s : Mr. Chandra Sen Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 30-06-2020
The matter has been heard via video conferencing due
to lockdown imposed on account of the COVID-19 pandemic.
2. Heard Mr. Ram Sumiran Rai, learned counsel for
the petitioner and Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. Though the petitioner has given full description in
the application, it would be inappropriate to disclose his identity
in view of the statutory provisions prescribed under Section 74
of the Juvenile Justice (Care and Protection of Children) Act,
2015 (for short 'the Act of 2015'). He is being referred to in the
cause title as XXX.
4. Registry while uploading the order on the website
shall also ensure that the cause title is reflected in similar
Patna High Court CR. REV. No.5 of 2020 dt.30-06-2020
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manner.
5. This criminal revision application has been
preferred under Section 102 of the Juvenile Justice (Care &
Protection of Children) Act, 2015, against the judgment dated
11.11.2019 passed by the Sessions Judge, Begusarai, in
Criminal Appeal No.115 of 2019, whereby the appeal was
dismissed affirming the order dated 21.08.2019 passed by the
Juvenile Justice Board, Begusarai, in JJB Case No.106 of 2019
arising out of Dandari P.S. Case No.50 of 2019 registered under
Sections 394 and 307 of the Indian Penal Code and 27 of the
Arms Act, refusing prayer for bail of the petitioner.
6. The petitioner is lodged in the Observation Home.
7. The Juvenile Justice Board, Begusarai, vide order
dated 19.07.2019, declared the petitioner a juvenile in conflict
with law by assessing his age as 15 years 8 months.
8. The allegation against the petitioner and others is
of assault.
9. Learned counsel for the petitioner submitted that
he is innocent and has been falsely implicated only by co-
accused in his confessional statement. Learned counsel
submitted that the petitioner has a bright career and is
unnecessarily languishing in the Observation Home since
Patna High Court CR. REV. No.5 of 2020 dt.30-06-2020
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10.07.2019in this false case.
10. Learned APP submitted that the petitioner being a juvenile, it is in his interest that he remains in the Observation Home, as his coming out would put him back in the company of criminals, as he has other criminal antecedents of serious nature. It was submitted that the petitioner is far safer and protected in the Observation Home and there are chances of his interest being damaged if he is allowed to come out and be exposed to such elements.
11. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds substance in the submission of the learned APP that, for the present, it is in the interest of the petitioner to remain in the protected atmosphere of the Observation Home.
12. Accordingly, the application stands dismissed.
13. However, let the enquiry before the Juvenile Justice Board be expedited.
(Ahsanuddin Amanullah, J) J. Alam/-
AFR/NAFR U T