Ravi Paswan @ Ravi Kumar @ Ravi ... vs The State Of Bihar
2021 Latest Caselaw 2095 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 34672 of 2020

           Arising Out of PS Case No.-72 Year-2020 Thana- SIKTI District- Araria
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Ravi Paswan @ Ravi Kumar @ Ravi Kumar Paswan, aged about 16 years, Male Son of Fulman Paswan, Resident of Village-Pahara, PS-Sikty, District- Araria.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the State : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ramesh Kumar Singh, learned counsel for

the petitioner and Mr. Bal Mukund Prasad Sinha, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioner apprehends arrest in connection with

Sikty PS Case No. 72 of 2020 dated 20.04.2020, instituted under

Sections 363 and 366(A) of the Indian Penal Code.

4. On 27.04.2021, time was sought by learned counsel

for the petitioner to verify the situation with regard to the age of

the petitioner, which had been disclosed in the cause title as 16

years. Today, learned counsel submitted that he has verified and

the petitioner is aged 16 years. Thus, he has made a prayer for Patna High Court CR. MISC. No.34672 of 2020 dt.25-05-2021

permission to withdraw this application to move before the

appropriate forum in accordance with law.

5. Learned APP does not oppose.

6. Having regard to the aforesaid, as prayed for by

learned counsel for the petitioner, the application stands disposed

off as withdrawn, with liberty aforesaid.

7. Learned counsel for the petitioner submitted that as

the petitioner is a juvenile and since there is a presumption of

innocence of the juvenile, as he is not considered to be mentally

mature to commit any offence, the Court may grant some

protection so that in the prevailing circumstances, where, as per

learned counsel, even the Juvenile Justice Board (hereinafter

referred to as 'JJB') is not fully functional, the petitioner may not

be subjected to any adverse situation by the police taking drastic

action against him.

8. On such apprehension of learned counsel for the

petitioner, upon enquiry from the Juvenile Justice Secretariat of

this Court, it transpires that urgent matters viz. relating to bail, etc.

are being taken up by the JJBs, including that at Araria.

9. In the aforesaid background, if the petitioner moves

before the JJB, Araria, along with a web copy of this order, the

same shall be considered and decided, on its own merits, in Patna High Court CR. MISC. No.34672 of 2020 dt.25-05-2021

accordance with law, on an urgent basis. It is made clear that this

Court has not expressed any view on the rival contentions.

10. In the interest of justice, and with a view to obviate

any difficulty, let this order be communicated to the JJB, Araria by

the Registry forthwith.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T