ROHIT KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ravindra Kumar, learned counsel for the petitioner, Mr. Nadim Seraj, learned GP-5 appearing on behalf of State, especially appointed by the learned Advocate General, assisted by Mr. Ali M. Ahmed and Mr. Shahbaj Alam, learned AC to GP-5, Mr. Nand Kishore Prasad, learned APP for the State and Mr. Abhay Shankar Singh, learned Advocate appointed as Amicus Curiae in this case.

(2.) By way of filing the present application, the very basic right i.e. fundamental right of protection of life and personal liberty as enshrined under Article 21 of the Constitution of India has been invoked to assert the legal right of a child in conflict with law. The present case deals with seeking anticipatory bail under Sec. 438 of the Cr.P.C by a child in conflict with law (here-in-after referred to as "CICL"), which does not expressely feature upon a plain reading of the Juvenile Justice (Care and Protection of Children) Act, 2015 (here-inafter referred to as "J.J. Act"). Article 21 of the Constitution of India, no doubt is a corner stone of all fundamental rights, which in unequivocal terms gurantees that no person shall be deprived of their life or personal liberty, except according to the procedure established by law, meaning thereby that all persons are entitled to a dignified life, a healthy environment and a personal freedom of making their own choices and pursuing their own interests, within the legal framework.

(3.) This Court would later embark upon the facts and merits of the case and as of now, would advert to the maintainability of the present anticipatory bail application filed on behalf of a juvenile/CICL, as a preliminary objection has been raised by the learned APP appearing on behalf of State on the ground that there is no provision regarding applicability of Sec. 438 of the Cr.P.C. under the J.J. Act, 2015 and the said Act is a complete Code in itself.