BHARAT PRAJAPAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed by the petitioner under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act).

(2.) THE petitioner's prayer for bail has been rejected by the Juvenile Justice Board, Gaya in G.R. Case No. 2559 of 1998 Trial No. 4(G)/2005 as well as by the Sessions Judge, Gaya under Section 52 of the Juvenile Justice Act in Cr. Appeal No. 37 of 2005, petitioner's prayer for bail had earlier been rejected by the High Court on four occasions on the ground that he is the main assailant and the offence alleged is of serious nature.

(3.) FROM the decisions cited above it is obvious that the delay cannot be a ground for taking the plea of being juvenile on the date of occurrence. The Supreme Court has also observed that the court should not be too technical in accepting the assessment of age of an accused that he was a juvenile on the date of occurrence.