MOHD. DAHAUR MIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) THE petitioner alleges that he is a juvenile below 16 years of age. Annexure 3 to the petition shows that submission was made before the Chief Judicial Magistrate that the petitioner is below 16 years of age and has been remanded to Remand Home and therefore, he was entitled to bail under the provisions of Section 16 of the Juvenile Justice Act, 1986 (hereinafter referred to as 'the Act'). The Chief Judicial Magistrate, has not recorded any opinion about the age of the petitioner. He also does not appear to have held any enquiry for determination of the age under Section 32 of the Act. If a person, accused of an offence is found to be a juvenile then his bail matter has to be considered under Section 18 of the Act. If a person is aggrieved by an order passed under Section 18 of the Act, he has the remedy to order an appeal before the Court oi Sessions under S. 37 of the Act. The High Court has been given revibional power under Section 38 of the Act.

(3.) WITH the above observation the application is disposed of. Application disposed of.