Jharkhand High Court
Vikram Kumar vs The State Of Jharkhand on 30 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.485 of 2022
---------
Vikram Kumar, aged about 17 years Son of Sikandar Yadav,
represented through his father Sikandar Yadav, son of Ramvriksh Yada.
Both are resident of village Baluri P.O-Baluri and P.S. Hunterganj,
District-Chatra ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
---------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-------
For the Petitioners : Mr. Abhay Kumar Chaturvedy, Advocate
For the State : Mrs. Priya Shrestha, A.P.P.
---------
Order No.05 Dated 30th August, 2022
Heard Mr. Abhay Kumar Chaturvedy, learned counsel for the
petitioner and Mrs. Priya Shrestha, learned counsel for the State.
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 20.04.2022 passed in Criminal (Juvenile) Appeal
No.02 of 2022 by the learned Special Judge, Child Act Cases-cum-
Additional Sessions Judge-I, Chatra whereby, the prayer for bail of
the petitioner has been rejected by affirming the order dated
13.12.2021 passed by the Principal Magistrate, Juvenile Justice
Board, Chatra in connection with Hunterganj P.S. Case No.66 of
2021, corresponding to G.R Case No.863 of 202 for the offences
registered under Section 363, 365/34 of the Indian Penal Code.
However, charge-sheet was submitted under Section 364, 365, 302 ,
201 and 120-B of the I.P.C.
3. As per the F.I.R, it is alleged that the son of the Informant
namely, Harijeet Kumar used to talk with one Mazda Khatoon and
he was found missing on 03.06.2021 and the Informant has shown
strong suspicion against co-accused Firoz Miyan @ Firoj Ahmad,
Sarfaraj @ Md. Sarfaraj, Mister Mian and Sajma Khatoon.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a juvenile. It is further submitted that the petitioner is
not named in the F.I.R rather four co-accused persons namely, Firoz
Miyan @ Firoj Ahmad, Sarfaraj @ Md. Sarfaraj, Mister Mian and
Sajma Khatoon are named in the F.I.R. It is further submitted that
during course of investigation the police has arrested this juvenile
petitioner on the basis of the confessional statement of co-accused
Sarfaraj @ Md. Sarfaraj. It is further submitted that prior to
recording of his confessional statement, the police had recorded the
confessional statements of the co-accused persons namely, Md.
Sarfaraj, Firoj Ahmad and Mazda Khatoon which are mentioned in
paragraph Nos.26, 27 and 28 of the case diary and para-29 is the
confessional statement of this juvenile-petitioner. It is submitted that
co-accused person namely, Sarfaraj @ Md. Sarfaraj has been
granted bail by the Co-ordinate Bench of this Court vide order dated
29.03.2022 in B.A No.15461 of 2021. It is further submitted that
co-accused persons namely, Firoj Mian @ Firoj Ahmad and Sajma
Khatoon have also been granted bail by the Co-ordinate Bench of
this Court in B.A No.13824 of 2021 vide order dated 20.12.2021. It
is further submitted that the father of juvenile petitioner is very much
willing and ready to custody of juvenile and he is also ready to give
undertaking that he will take care of him and provide proper
guidance. It is further submitted that the juvenile-petitioner is in
custody since 10.06.2021 and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail and has submitted that the petitioner had confessed his guilt
which is mentioned at paragraph No.29 of the case diary. It is further
submitted that on the basis of disclosure made by this petitioner, the
dead body of the deceased was recovered.
6. Perused the Lower Court Records and Social Investigation
Report of the petitioner and also order passed by the Co-ordinate
Bench of this Court and considered the submission made on behalf
of the parties.
7. It appears that that the petitioner is not named in the FIR.
However, during course of investigation, this juvenile petitioner
appears to be arrested on the basis of the confessional statement of
co-accused persons namely, Sarfaraj Ahmad Firoz Alam and Mazda
Khataoon. It also appears that the confessional statements were
recorded simultaneously of all the accused persons including this
juvenile-petitioner. It also appears from the Social Investigation
Report of the petitioner that this juvenile petitioner is a student of
Class-XII.
8. Considering the period of custody and grant of bail to the other
co-accused persons as mentioned above, the juvenile-petitioner
namely, Vikram Kumar, is directed to be released on bail in custody of
his father on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of Principal Magistrate, Juvenile Justice Board, Chatra
in connection with Hunterganj P.S. Case No.66 of 2021,
corresponding to G.R Case No.863 of 202, subject to the condition
that the parents i.e, the father shall be one of the bailors of the juvenile
petitioner, with a further condition that the father 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 father of this juvenile-
petitioner of the juvenile-petitioner shall produce the juvenile-
petitioner before the learned court below as and when required, with
further the condition that the father of this juvenile will not leave the
District of Chatra without prior permission of the learned Court below.
09. Thus, the judgment dated 20.04.2022 passed in Criminal
(Juvenile) Appeal No.02 of 2022 by the learned Special Judge, Child
Act Cases-cum-Additional Sessions Judge-I, Chatra and the order
dated 13.12.2021 passed by the Principal Magistrate, Juvenile
Justice Board, Chatra in connection with Hunterganj P.S. Case
No.66 of 2021, corresponding to G.R Case No.863 of 202 are set-
aside.
10. Accordingly, this Criminal Revision No.485 of 2022 is allowed
and stands disposed of.
(Sanjay Prasad, J.)
Raja/-
