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2021 Supreme(Pat) 820

RAJEEV RANJAN PRASAD
BABLU KUMAR MANDAL @ BABLU MANDAL – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Ravindra Kumar Singh, Advocate
For the Respondent:Mr.Uday Pratap Singh, APP, Mr. Sanjiv Kumar, Advocate

Judgement Key Points

Based on the provided legal document, the following key points are relevant:

  1. The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 8(3)(e), imposes an obligation on the Juvenile Justice Board to call for a social investigation report when dealing with cases involving juveniles in conflict with the law. The Board must undertake this investigation and submit a report within a specified period, typically 15 days from the juvenile's first appearance (!) .

  2. The Board's responsibilities include ensuring that bail petitions filed by juveniles are properly considered. It is expected that such petitions should be fixed for hearing, and if the juvenile's lawyer is unavailable, appropriate notices should be issued to the guardian or parent to facilitate pressing the bail application (!) .

  3. The failure of the Juvenile Justice Board to consider the bail petition or to call for a social investigation report, despite the petition being filed, constitutes a lapse in their duties. The Board cannot simply dismiss bail requests on the grounds that they were not pressed; instead, they should have taken active steps to process the petition (!) (!) .

  4. The court emphasizes the importance of safeguarding the interests of juveniles, including their right to bail and proper judicial consideration. It also underscores that the role of the Juvenile Justice Board is akin to that of a parent, with a duty to act in the best interest of the juvenile, including ensuring their social and educational well-being (!) (!) .

  5. In cases where the juvenile has no prior criminal record, is a student, and there is a willingness from the guardian to ensure the juvenile's proper conduct and study, bail can be granted with appropriate conditions. These conditions may include furnishing a bail bond and sureties, as well as undertaking that the juvenile will not contact negative influences (!) .

  6. The court also notes that other co-accused who are similarly situated have been granted bail, which supports the decision to release the juvenile, considering the principles of fairness and the juvenile's best interests (!) .

  7. The court cautions the Juvenile Justice Board to be vigilant in future cases, ensuring that all procedural requirements, including social investigations, are properly followed, to uphold the rights of juveniles and maintain the integrity of the juvenile justice process (!) (!) .

  8. The court's decision to grant bail is contingent upon the juvenile's release being conditioned on the furnishing of a bond, surety, and the undertaking by the guardian regarding the juvenile's conduct and association (!) .

These points collectively reflect the court's approach towards balancing the juvenile's rights, procedural safeguards, and the responsibilities of the Juvenile Justice Board.


ORDER :

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. Petitioner in the present case is seeking setting aside of the order dated 26.11.2019 passed in T.R.No. 02/2019 by learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Madhubani (G.R.No. 845/2019/EN 913 of 2019) in connection with Khajauli P.S. Case No. 75/2019 registered for the offences punishable under Sections 364 and 302/34 of the Indian Penal Code. He is in the observation in connection with this case since 01.06.2019.

3. As per the prosecution story, the daughter of the informant had gone to ease out, she was about 17 years old. After leaving her house at 7.30 pm on 20.05.2019 she did not return home. The informant claims to have made telephone call on her mobile number whereupon the daughter of the informant told him that she is at the canal (Nahar) and "they will kill her" and thereafter she disconnected the phone. The informant claims that for the whole night he remained in search of his daughter but she could not be found. On 21.05.2019, he reached to his village and in the morning at 6.00 am he got information from the co-villagers that

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