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Judgment
The matter has been heard via video conferencing.
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.
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.
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 permission to withdraw this application to move before the appropriate forum in accordance with law.
Learned APP does not oppose.
Having regard to the aforesaid, as prayed for by learned counsel for the petitioner, the application stands disposed off as withdrawn, with liberty
aforesaid.
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.
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.
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 accordance with law, on an urgent basis. It is made clear that this Court has not expressed any view on the rival
contentions.
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.