Patna High Court
Jitendra Kumar vs The State Of Bihar on 26 October, 2021
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2795 of 2021
Arising Out of PS. Case No.-102 Year-2020 Thana- TATARPUR District- Bhagalpur
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Jitendra Kumar S/O Sunil Poddar R/O Village-Ramsar Urdu Bazar, P.S-
Tatarpur, District-Bhagalpur, Through Ful Kumari Devi, Aged About 41 Years
W/O Sunil Poddar who is Mother and natural Guardian of the appellant.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Ajay Kumar Singh, Adv
For the Respondent/s : Mr.A.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 26-10-2021 Heard the parties.
2. The appellant was declared juvenile by the learned Juvenile Justice Board, however, the learned Children Court, Bhagalpur has refused prayer for bail of the appellant by the impugned order dated 02.02.2021 passed in Special Case (C.H.) No. 15 of 2020 arising out of Tatarpur P.S.Case No.102 of 2020.
3. The appellant was declared juvenile on the basis of matriculation certificate. The appellant was found in a hotel as a customer involved in immoral act of flesh-trade.
4. Submission is that the impugned order does not show that case is covered by the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act. Hence, the order has been passed contrary to the mandate of law.
Patna High Court CR. APP (SJ) No.2795 of 2021 dt.26-10-2021 2/2
5. Finding substance in the submission aforesaid, the impugned order, which is against the mandate of Juvenile Justice (Care and Protection of Children) Act, is not sustainable in law. Accordingly, the same is set aside.
6. Let the appellant, above named, be released on bail on execution of surety bond by either of the parents of the appellant giving undertaking that they shall keep proper care and upkeep of the appellant and shall fully cooperate in the pending enquiry/trial.
7. With the aforesaid observation, this appeal stands allowed.
(Birendra Kumar, J) Nitesh/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 27.10.2021 Transmission Date 27.10.2021