AMIT KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. This is an application for bail for the offences punishable under Sections 324, 307 and 302 of the I. P. C. The prosecution case is that the petitioner inflicted dagger injury to the deceased Sarita Jha in presence of the informant, who also tried to save her sister. The informant was also assaulted by the petitioner with dagger. Deceased Sarita jha succumbed to the injuries.

(2.) THE main connection on behalf of the petitioner is that the alleged offence was committted on 24. 3. 2000 when the Juvenile justice Act, 1986 was in force, and as per provisions of the said Act the petitioner ceased to be a juvenile and as such his case was treated as a general one and his trial proceeded in the Trial Court, while trial was proceeding Juvenile Justice (Care and protection of Children) Act, 2000 came into force on 1. 4. 2001, as amended in the year, 2006 which contemplates that "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence and has not completed eighteen years of age as on the date of commission of such offence.

(3.) PRESENTLY, the Juvenile Justice (Care and Protection of Children) Amended Act, 2006 with effect from 22. 8. 2006 lays down as follows: "1. Short, title. , extent (commencement and application ). (4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juvenile in conflict with law under such other law.