IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.345 of 2010 ASHUTOSH KUMAR @ ASHUTOSH KUMAR VERMA, Son of Sh. Ratnesh Kumar Verma, Resident of Village- Banu Chhapar, P.S. – Bettiah Muffasil, District- West Champaran at Bettiah. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 07.04.2010 Heard learned counsel for the petitioner and the State. The instant revision application is directed against the impugned judgment and order dated 25.11.2009, passed by learned Sessions Judge, West Champaran at Bettiah in Cr. Appeal No. 89 of 2009, whereby he affirmed the order dated 06.11.2009 passed by Juvenile Justice Board, West Champaran at Bettiah in Juvenile Tr. No. 328 of 2009, arising out of Bettiah Muffasil P.S. case no. 145 of 2008 dated 02.09.2008, registered under Sections 302 of the I.P.C. and Section 27 of the Arms Act The allegation against the petitioner was of having shot at the deceased. It is not in dispute that petitioner has been declared a juvenile. Initially the matter came before this Court in Cr. Revision No. 472 of 2009, which was rejected on 20.03.2009. The petitioner moved the Hon’ble Apex Court against the order rejecting the bail by this Court on 20.03.2009, being Petition (s) for Special Leave to Appeal (Cri) No (s). 4013 of 2009 and the Hon’ble Apex Court vide order dated 29.05.2009 dismissed the Special Leave Petition. Counsel for the petitioner submits that now he is moving this Court also in view of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 as well as Juvenile Justice (Care and Protection of Children) Rules, 2007. Learned counsel submits that - 2 - proviso of Section 14 of Juvenile Justice (Care and Protection of Children) Act, 2000 requires that the enquiry or trial of a juvenile should be completed within a period of the four months from the date of its commencement. Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2000 prescribes the orders that can be passed by the Juvenile Justice Board, if in enquiry / trial it is found that a juvenile has committed an offence. Rule 15 of Juvenile Justice (Care and Protection of Children) Rules, 2007 too provides that the enquiry must be completed within stipulated period of four months and the Board can pass any of the seven dispositional orders as enumerated in Section 15 of the Act. The object of the provisions is that a Juvenile should not be subjected to long trial and harassment. Learned counsel submits that the enquiry in the instant case commenced on 04.07.2009 when the first witness was examined. He further submits that by 27.08.2009 altogether 6 witnesses have been examined and all have turned hostile. He thus, submits that the enquiry has already exceeded the stipulated period of four months, prescribed in Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Thus, learned counsel submits that on theses basis petitioner has renewed his prayer for bail. He further submits that the Board has not given any basis for recording his satisfaction that release of the petitioner would bring him in association with criminal or expose him to moral, physical and psychological danger. It is true that Section 14 of the Act requires that enquiry by - 3 - Board, regarding juvenile, should be completed within a period of four months from the date of its commencement. However, the proviso to Section 14 of the Act provides that in appropriate cases this period can be extended for special reasons to be recorded by the Board. Section 14 of the Act stipulates that in case the enquiry is not concluded within a period of four months from its commencement, the Board must record reasons for extending the time period. It is not evident whether the Board has recorded any reason for extending the stipulated period of time for concluding the enquiry. As six witnesses shave already been examined, I direct the Board to conclude the enquiry within six weeks from the date of receipt of a copy of this order and pass appropriate orders in accordance with law. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)