Patna High Court
Amit Kumar @ Gultan vs State Of Bihar on 16 July, 2012
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
Patna High Court CR. APP (SJ) No.292 of 2000 dt.16-07-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.292 of 2000
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AGAINST THE JUDGMENT OF CONVICTION DATED 20TH JUNE, 2000
PASSED IN SESSIONS CASE NO. 153 of 1996 (ARISING OUT OF
BEGUSARAI Police Station Case no. 318 of 1995, G.R. No. 2846 of
1999) BY SRI BAIKUNTH NATH SHAHI, 3RD ADDITIONAL
SESSIONS JUDGE, BEGUSARAI
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AMIT KUMAR @ GULETAN, SON OF MOHAN SINHA, RESIDENT OF
MOHALLA LOHIYA NAGAR, POLICE STATION NAGAR, DISTRICT-
BEGUSARAI
.... .... APPELLANT/S
VERSUS
THE STATE OF BIHAR
.... .... RESPONDENT/S
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APPEARANCE :
FOR THE APPELLANT/S : MR. ARBIND KUMAR, Adv.
MR. RAJ KISHOR PRASAD, Adv.
FOR THE STATE : MR. JHAKHANDI UPADHYAY, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL JUDGMENT
Date: 16-07-2012
Sheema Ali Khan, , This appeal arises out of judgment of conviction
J.
dated 20th June, 2000 passed by the 3rd Additional Sessions Judge,
Begusarai in Sessions Case No. 153 of 1996 (arising out of
Begusarai Town P.S. Case no. 318 of 1995, G.R. No. 2846 of 1995)
whereby the Trial Court has found and held the appellant guilty for
the offence punishable under Section 363 of the Indian Penal Code,
for enticing Richa Kumari, minor girl of the informant and
keeping her under confinement.
Patna High Court CR. APP (SJ) No.292 of 2000 dt.16-07-2012
2. The Trial Court, has, accordingly, released the
appellant on probation of good conduct on furnishing bond of Rs.
2,000/- with two sureties of the like amount on undertaking to
appear and serve sentence when called upon during this period and
in the meantime to maintain good behaviour.
3. The occurrence is of the year 1995 i.e. on
05.11.1995. The allegation against the appellant is that he enticed Richa Kumari, a minor girl to run away from her house. The material that has come on record is that both of them were in love for a long period. For the purposes of this case, this Court referred the matter to the Juvenile Justice Board which defines that the child is below the age of 18 years.
4. This Court shall refer to Section 15 of the Act which defines the orders which can be passed regarding the Juvenile Justice Act. The relevant provisions are being produced below:
"15. Order that may be passed regarding juvenile.-
(1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit,-
(a) xx xx xx Patna High Court CR. APP (SJ) No.292 of 2000 dt.16-07-2012
(b) xx xx xx
(c) xx xx xx
(d) xx xx xx
(e) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years;
(f) direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well-being of the juvenile for any period not exceeding three years;
(g) make an order directing the juvenile to be sent to a special home for a period of three years:
Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit."
5. Accordingly, the Court had released the appellant on probation of good conduct by entering bond of Rs. 2000/- with two sureties on an undertaking to appear and receive sentence when Patna High Court CR. APP (SJ) No.292 of 2000 dt.16-07-2012 called upon during this period.
6. Considering the period of probation of the appellant is over for a long time back, this Court may not pass any order except to say that the release of the appellant on furnishing bonds for maintaining good conduct should not affect the future of the appellant for any other purposes whatsoever, including his consideration for a government or private employment.
7. This appeal is, thus, disposed of with the aforesaid observation.
(Sheema Ali Khan, J.) Vats/-