PREETAM PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The short question falling for consideration is whether applicant/juvenile can maintain application for grant of anticipatory bail under Section 438 of Cr.P.C.

(2.) Invoking jurisdiction of this court under Section 438 of Cr.P.C., the applicant herein has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.195/2014 registered at Police Station, Baikunthpur, District Korea, for the offence punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act.

(3.) At the outset, learned counsel appearing for the State would submit that applicant herein is admittedly a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act, 2000), and therefore, the provisions contained in Section 438 of Cr.P.C. would not be applicable in the present case and remedy available to the applicant would be to appear before the Juvenile Justice Board (for short, the Board) and to claim bail under Section 12 of the Act, 2000, and as such, application under Section 438 of Cr.P.C. preferred by the juvenile/applicant deserves to be rejected.