Arjun Rajak vs The State Of Jharkhand
2021 Latest Caselaw 990 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.510 of 2020

    Arjun Rajak                              ......         Petitioner

                            Versus
    The State of Jharkhand                   .....        Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner : Mr. K. S. Nanda, Advocate For the State : Mr. Rajesh Kumar, A.P.P

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06/Dated: 26        February, 2021

1. This revision is directed against the judgment/ order dated 01.06.2020, passed by the court of learned Sessions Judge (In-charge), Ramgarh, in Criminal Appeal (Bail) No.25 of 2020, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Ramgarh (Mahila) P.S. Case No.14 of 2019, registered under Sections 376(3) of the Indian Penal Code and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.

2. Heard the learned counsel for the petitioner and the objection raised by learned A.P.P., who has submitted that it would be evident that the victim, in her statement under Section 164 Cr.P.C, has named this petitioner as one of the accused who had committed rape on her.

On perusal of the case diary and D.N.A report attached therein, it appears that D.N.A profile was generated with respect to the blood samples of the victim girl, her child, the petitioner and co-accused. As per findings of the test it has been stated that co-accused Rahul is the biological father of the child girl.

Considering the findings in the D.N.A report, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Ramgarh, in connection with Ramgarh (Mahila) P.S. Case No.14 of 2019, on the condition that one of the bailors shall be a close

relative/ natural guardian, who shall give an undertaking

(i) to ensure the good behaviour of the petitioner, (ii) to ensure that the juvenile petitioner does not come in contact with any anti-social elements, and (iii) produce the juvenile/petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.

3. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner/juvenile shall co-operate and be present before the Board as and when directed, till conclusion of the enquiry.

4. With the aforesaid direction, the revision is, hereby, allowed.

(AMITAV K. GUPTA, J.) Chandan/-