IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No. 657 of 2010 SHASHI BHUSHAN KUMAR @ ASHOK KUMAR SINGH, SON OF RAJENDRA SINGH, RESIDENT OF VILLAGE – BALAHA, P.S. – BIHPUR, DISTRICT – BHAGALPUR. ……………………. PETITIONER VERSUS 1. STATE OF BIHAR 2. THE HOME SECRETARY, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE (PRISON), BIHAR 4. THE JAIL SUPERINTENDENT, SPECIAL CENTRAL JAIL, BHAGALPUR ………………….. RESPONDENTS ----------- 04. 06.08.2010 Heard learned counsel for the petitioner and the counsel appearing for the State. This application has been filed on behalf of the petitioner for his release, as he is in custody for more than 5 years in connection with his conviction in Sessions Case No. 1289/2004. The petitioner’s case is that being a juvenile, he could not have been kept in confinement beyond the period of 3 years in terms of Section 16 of the Juvenile Justice (Care and Protection of Children) Act, which provides that: “No juvenile in conflict with law shall be sentenced to death or life imprisonment, or committed to prison in default of payment of fine or in default of furnishing security: Provided that where a juvenile who has attained the age of sixteen years has committed an offence and the Board is satisfied that the offence 2 committed is of so serious in nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other juvenile in a special home to send him to such special home and that none of the other measures provided under this Act is suitable or sufficient, the Board may order the juvenile in conflict with law to be kept in such place of safety and in such manner as it thinks fit and shall report the case for the order of the State Government.” The proviso of this Section makes it clear that the period of detention, so ordered, shall not exceed in any case the maximum period, provided under Section 15(3) of this Act. The maximum period, which has been provided under Section 15(3) is 3 years. As such the petitioner’s confinement beyond the period of 3 years is illegal. For this, the petitioner has placed reliance on a case, reported in AIR 2010 Supreme Court 1801, where it is held that the question of juvenile can be raised at any stage, whether it may be the stage of revision / appeal before the High Court or any Court, competent. Undoubtedly, the petitioner can raise such question at any stage of the proceeding. Considering that the Criminal Appeal No. 507 of 2006, preferred by the petitioner against his 3 conviction in the session trial, is still pending before this Court, the petitioner has a remedy of filing an application in the pending Criminal Appeal for the same relief, for which this Criminal Writ Application has been filed. The counsel for the petitioner is permitted to withdraw this application with a liberty to file an Interlocutory Application in the pending Criminal Appeal. The application is dismissed as withdrawn. S.K.M. (Mridula Mishra, J.) (Dharnidhar Jha, J.)