AMARENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision No. 984 of 2010 is directed against the order impugned passed by the Sessions Judge, Sahibganj in criminal appeal No. 41/2010 on 4.10.2010 under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 by which the order passed by Principal Magistrate, Juvenile Justice Board, Sahibganj refusing the prayer for bail of the petitioner juvenile was affirmed and the appeal was dismissed.

(2.) The Juvenile Justice Board, Sahibganj refused the bail of the juvenile petitioner Amarendra Kumar only on the ground that though he was present along with his father at the place of occurrence but he did not take any step to save the life of his sister. The learned Sessions Judge, Sahibganj by the order impugned dated 04.10.2010 dismissed the appeal and affirmed the order of the Juvenile Justice Board only on the ground that the petitioner Amarendra Kumar was not entitled to bail as there was no guardian to take care and custody of him. I find that the learned Sessions Judge mis-conceived the provisions of Section 12 of The Juvenile Justice (Care & Protection of Children) Act, 2000, wherein an appeal of the juvenile has been made rule and the rejection exception and the case of the petitioner did not come within the ambit of exception clause. There was no prima facie direct allegation against the petitioner- juvenile for making out an offence under Section 302 of the Indian Penal Code against him the learned counsel added. The case was instituted by his own mother against his father and his near relatives.

(3.) The learned A.P.P. did not dispute the facts and contentions.