LALU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the aforementioned appeals, preferred under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015'), the appellants have challenged the order passed by the Children's Court whereby their respective applications for bail have been rejected in respect of cases in which they have been made accused.

(2.) Since the facts of all the appeals are not relevant, as they have been referred to the Division Bench for the limited purpose, the facts are being extracted from Cr. Appeal (SJ) No. 2117 of 2019.

(3.) The appellant in Cr. Appeal (SJ) No. 2117 of 2019 has been made accused in Buxar (Town) P. S. Case No. 236 of 2018 dated 08.05.2018 registered inter alia under Section 302 of the Indian Penal Code. He was taken into custody on 09.05.2018 and was produced before the Juvenile Justice Board (for short 'Board'), Buxar. The Board, in exercise of powers conferred under Section 94 of the Act of 2015 determined his age to be 17 years, 2 months and 20 days on the date of commission of the offence. Since the offence alleged to have been committed by the appellant is heinous one and he had completed the age of 16 years on the date of commission of the offence, the Board conducted a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he had allegedly committed the offence and passed an order that there is a need for trial of the said child as an adult in accordance with the provisions enumerated in Section 18(2) of the Act of 2015 vide order dated 12.10.2018.