AJIT PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of this revision application preferred under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to as the 'Act of 2000'), the petitioner has challenged the order dated 25th Aug., 2015 passed by the learned 1st Additional District & Sessions Judge, Buxar in Cr.Appeal (Juvenile) No. 39 of 2015, whereby the appeal preferred by the petitioner under Sec. 52 of the Act of 2000 against the order dated 13th July, 2015. passed by the Juvenile Justice Board, Buxar in J.J.B. Case No. 588 of 2015 by which the prayer for bail of the petitioner was rejected, has been dismissed and the order passed by the Juvenile Justice Board, Buxar has been affirmed.

(2.) The petitioner has been made accused in Brahampur P.S. Case No. 64 of 2015. dated 16th March, 2015 registered under Sections 363 and 366 - A of the Indian Penal Code. He has been sent to Observation Home at Ara on 29th April, 2015 pursuant to his surrender in the aforesaid case before the Juvenile Justice Board, Buxar.

(3.) It is submitted by the learned counsel for the petitioner that after recovery the victim did not name the petitioner in her statement recorded under Sec. 161 of the Code of Criminal Procedure (for short 'CrPC') on 22nd March, 2015. However, a day thereafter on 23rd March, 2015, when the statement of the victim was recorded under Sec. 164 CrPC, she has named the petitioner as the person, who had abducted and ravished her. It is submitted that the subsequent statement under Sec. 164 Crimial P.C. is tutored one.