ABDUL RAB @ LADDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant's application for bail in connection with Biraul P.S. Case No.13/07, having been rejected by the Trial Court and also by the High Court, the appellant has filed the present appeal reiterating his prayer for bail but on the ground that on the date of the commission of offence, he was a juvenile. In support of his case the appellant has also filed two admit cards issued by the Bihar Madhyamik Pariksha Samiti, Patna, from which it appears that his date of birth is 14th June,1990, and the date of the alleged incident is 11th January,2007. Learned counsel urges that from the said documents it would be evident that the appellant was a juvenile at the time of the alleged incident-2. On a prima facie satisfaction, the appellant appears to have been a juvenile on the date of the offence and his case is covered under Section 7A of the Juvenile Justice (Care and Protection of Children) Act,2000. We, therefore, direct that the appellant be released on bail to the satisfaction of the Trial Court, subject to further enquiry regarding his age on the date of the offence and if the Trial Court is subsequently satisfied that the appellant is a juvenile, appropriate orders may be passed in the matter as far as he is concerned to refer his case to the Juvenile Justice Board.

(3.) The appeal is disposed of. However, we make it clear that the observations made in this order are purely prima facie in nature for the disposal of this appeal.