CHANDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused-petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herein after referred to as the 'Act') against the order dated 18.10.2011 passed by the learned Additional Sessions Judge-Ill, Patna City in Cr. Appeal No. 240 of 2011 by which the order dated 30.7.2011 passed by the learned Juvenile Justice Board, Patna in JJB Case No. 168 of 2011 arising out of Gopalpur P.S. Case No. 47 of 2011 under Section 302/34 I.P.C. and 27 of the Arms Act has been confirmed and the prayer for bail under Section 167(2) Cr.P.C. has been rejected.

(2.) Learned counsel for the petitioner submits that it is an admitted fact that the petitioner surrendered in Gopalpur P.S. Case No. 47 of 2011 on 29.4.2011 in the Court of learned Chief Judicial Magistrate, Patna and thereafter finding him juvenile he was remanded to the Juvenile Justice Board, Patna at Patna City and the case was separated and it was sent to the learned Juvenile Justice Board. The Investigating Officer has not submitted charge-sheet against the petitioner within 90 days as the statutory period prescribed under Section 167 Cr.P.C. and 90 days completed on 28.7.2011 and thus the petitioner filed a petition on 29.7.2011 under Section 167(2) Cr. P.C. for the release on bail. The charge-sheet was submitted on 30.7.2011 after the period of 90 days as such the petitioner was entitled to bail but no benefit under Section 167(2) Cr.P.C. has been given by the learned Juvenile Justice Board nor by the appellate court on the ground that the release of the petitioner will be under the provision of Section 12 of the Act. He has further submitted that there is no bar in the Act that the benefit under Section 167(2) will not be applicable in case of Juvenile.

(3.) Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner.