YOGENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A disturbing set has been disclosed in this Court. The petitioner is juvenile in conflict with law. After full determination of the matter and considering various evidences including the report of Medical Board, the Juvenile Justice Board, as then constituted at Bhabua, by order dated 4.3.2005 declared the petitioner to be a juvenile in conflict with law determining his age to be below 16 years at the time of occurrence and certainly below 18 years at present. He was an accused of an offence punishable under Arms Act in respect of recovery of arms from his house where others also reside. His application for bail was rejected. In appeal he was granted interim bail by the learned Sessions Judge, Kaimur to appear in matriculate examination whereafter the order was not confirmed. It is against these orders that the present revision application was filed. When this revision was taken up for admission this Court directed the petitioner to surrender. The petitioner has filed IA No. 137 of 2002 annexing the Surrender Certificate and this is the certificate that disturbs this Court. This certificate has been appended as Annexure 5 to the IA application and it has been granted by Principal Magistrate. Juvenile justice Board, Patna showing that the petitioner had surrendered in respect of Durgawati (Kajmur) P.S. Case No. 12 of 2005 on 20.1.2007 and as such he is remanded to judicial custody till next order and sent to Central Prison Beur Patna.

(2.) This is shocking state of affairs. A boy who has been declared juvenile in conflict with law and appears before Juvenile Justice Board cannot under any circumstances even be remanded to prison. There is a dear prohibition in this regard and it was expected that the members constituted the Juvenile Justice Board knew their responsibilities and duties. Ignorance of law is no excuse specially when it comes to exercise of judicial function by judicial officers. This Court is inked at the cavalier manner in which cases of juvenile in conflict with law are being dealt with. The Act clearly provides that juveniles in conflict with law firstly cannot be put in prison and secondly even on their ceasing juvenile they cannot be remanded to jail. Apparently this aspect of the matter is totally being forgotten by the judicial officers and others dealing such matters.

(3.) In the facts and circumstances of the case, it is directed that petitioner, Yogendra Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Patna in J.J.B. Case No. 1274 of 2005 arising out of Durgawati (Kajmur) P.S. Case No. 12 of 2005 G.R. No. 9 of 2005.