Jharkhand High Court
Banti Kumar Yadav (Aged About 16 ... vs The State Of Jharkhand on 29 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.385 of 2022
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Banti Kumar Yadav (aged about 16 years), Son of Jaidev Yadav,
resident of village _Nayakdih, P.O.- Dhanwar, P.S. Dhanwar, District-
Giridih, duly represent by his Phufa Mukesh Kumar Yadav who is
natural guardian ... Petitioner
-Versus-
1. The State of Jharkhand
2. Dinesh Yadav ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Ram Lakhan Yadav, Advocate
For the State : Mr. Sunil Kumar Dubey, A.P.P.
For the O.P No.2 : Mr. Arjun Narayan Deo, Adv.
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Order No.05 Dated 29th August, 2022
Heard Mr. Ram Lakhan Yadav, learned counsel for the petitioner
and Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Arjun
Narayan Deo, learned counsel for the Opposite Party No.2.
2. The present Criminal Revision Application has been filed on
behalf of the Juvenile-petitioner under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2012 by challenging
the judgment dated 07.03.2022 passed in Criminal Misc Appeal
No.07 of 2022 in connection with Dhanwar P.S. Case No.275 of
2021 by the learned Addl. Sessions Judge-1, Giridih by which the
prayer for bail has been rejected and the order dated 05.01.2022
passed by Principal Judicial Magistrate, (J.J. Board) Giridih in
connection with E.N No.287 of 2022.
3. As per the F.I.R, it is alleged that the several co-accused
persons are alleged to have assaulted the deceased by deadly
weapons like Tangi, Sword, Iron Rod and Lathi and subsequently he
died due to injuries caused by such assault.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a juvenile. It is further submitted that this juvenile-
petitioner is only the Member of Mob and no specific allegation has
been attributed to him. It is further submitted that the entire family
members of this juvenile petitioner have been implicated and his
father and mother have also been made an accused. It is further
submitted that the juvenile-petitioner is in custody since 29.11.2021
and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail.
6. Mr. Arjun Narayan Deo, learned counsel for the Opposite
Party No.2 has submitted that juvenile is has also named in the F.I.R
and had assaulted the deceased by Lathi. It is further submitted that
the entire family members has committed the murder of the
deceased. It is further submitted that the petitioner has remained
absconder and he was arrested by the police. It is further submitted
that three persons are still absconding. It is further submitted that the
there is no guardian of this petitioner and hence, he may not be
released on bail.
6. Perused the Lower Court Records of this case and considered
the submission made on behalf of the parties.
7. It appears that that juvenile-petitioner has preferred this
Criminal Revision No.385 of 2022 through his natural guardian i.e,
Fufa.
8. It also transpires from the F.I.R several accused persons
including this juvenile-petitioner are alleged to have been assaulted
the deceased by Tangi, Sword, Iron Rod and Lathi and due to which,
he died. However, no specific overt act has been attributed against
this juvenile-petitioner. It also transpires from the F.I.R that the
father and mother of this juvenile-petitioner have also been made as
accused persons. It appears that the juvenile-petitioner is a student
of Class-IX.
9. Considering the facts that the entire family members of the
juvenile-petitioner are named in the FIR, the juvenile-petitioner
namely, Banti Kumar Yadav, is directed to be released on bail and in
custody of this Fufa which is presently natural guardian of this juvenile
petitioner on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of Miss. Kumari Nitika, Judicial Magistrate, Giridh or
her Successor Court in connection with Dhanwar P.S. Case No.275
of 2021, subject to the condition that the Guardian i.e, the Phufa shall
be one of the bailors of the juvenile petitioner, with a further condition
that the Phufa of the juvenile-petitioner shall submit his self-attested
Aadhar Card and Mobile Numbers before the learned Court below and
which shall not be changed till disposal of this case and the Phufa of
the juvenile-petitioner shall produce the juvenile-petitioner before the
learned court below as and when required.
10. Thus, the order dated 07.03.2022 passed in Criminal Misc.
Appeal No.07 of 2022 by the learned Additional Sessions Judge-I,
Giridih and the order dated 05.01.2022 passed by the Principal
Magistrate, Juvenile Justice Board, Giridih are set-aside.
11. Accordingly, this Criminal Revision No.385 of 2022 is allowed
and is accordingly stands disposed of.
(Sanjay Prasad, J.)
Raja/-
