6 months ago
2
The Patna High Court past week slammed the Bihar constabulary for the unlawful apprehension of a insignificant pupil and besides asked the State to wage a compensation of ₹5 lakh to him. The insignificant was enactment down the barroom for implicit 2 months.
The judgement was fixed by Justice Rajeev Ranjan Prasad and Justice Ritesh Kumar portion proceeding the habeas corpus lawsuit plea filed by the household members of the 15-year-old pupil who was arrested connected October 23, 2025.
“The I.O arrested the petitioner, described his property arsenic 19 years and produced him earlier the tribunal from wherever helium was sent to jail, “the seat said.
The tribunal further said, “The petitioner complained that contempt the information that helium is simply a juvenile, the learned Magistrate did not measure his property astatine the clip of sending him down the bars and successful implicit breach of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner was languishing successful jail.”
“If it is recovered that the petitioner is aged beneath 18 years, it volition beryllium incumbent upon the Jurisdictional Magistrate to nonstop him to the acrophobic Juvenile Justice Board for appraisal of property and considering his day of commencement certificate arsenic per the Bihar School Examination Board, helium would beryllium kept successful an reflection location and not successful jailhouse with adults,” the seat said.
The tribunal further said, “In the full facts and circumstances and the materials which person been brought earlier this Court, this Court is afloat satisfied that the liberty of the petitioner successful the contiguous lawsuit has been curtailed and his Right to Life and Liberty has been violated by the enactment of the constabulary officials.”
The tribunal besides pulled up the magistrate and said, “Even the learned Magistrate failed to support the petitioner from his amerciable arrest. Because of the misuse of powerfulness by the Investigating Agency and nonaccomplishment of the tribunal to support the close and liberty of the petitioner, helium has been made to endure by mode of incarceration for implicit 2 and fractional months by now.”
“We person travel to a decision that it is simply a lawsuit of unlawful apprehension of the petitioner and successful specified a circumstance, this Court being a Constitutional Court cannot stay a mute spectator,” the tribunal ordered successful the January 9 ruling.
The tribunal directed the State to wage the compensation ordering “For his unlawful apprehension and detention, we nonstop the State to wage a sum of ₹5 lakh arsenic compensation. This amount, we are assessing, keeping successful presumption that a young lad who is simply a juvenile astatine this signifier has undergone carnal and intelligence agony for 2 and fractional months by now.”
The tribunal besides directed the State to wage the incurred expenses successful contesting the litigation by the household which were imposed upon them owed to misuse of powerfulness by the constabulary official.
“We, therefore, grant a outgo of ₹15,000 to the petitioner which shall besides beryllium paid by the State.
The tribunal besides asked Director General of Police (DGP) Bihar to behaviour further enquiry into the matter.
