Jharkhand High Court
Rahul Swarnkar vs The State Of Jharkhand on 6 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.164 of 2022
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Rahul Swarnkar, aged about 18 years represented through his father
Balram Swarnkar, S/o Bhobataran Swarnkar, Resident of village, Jonha
School More, P.O and Police Station-Angara, District-Ranchi.
... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Amit Kumar Choubey, Advocate
For the State : Mr. Veervijay Pradhan, A.P.P.
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Order No.07 Dated 06th July, 2022
Heard Mr. Amit Kumar Choubey, leanred counsel for the petitioner
and Mr. Veervijay Pradhan, 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, 2015 for setting aside
the judgment dated 27.01.2022 passed in Criminal (Juvenile)
Appeal No.22 of 2021 by the learned Special Judge Child Act cases-
cum-Additional Sessions Judge-I, Chatra, by which, the said
Criminal Appeal No.33 of 2021 has been dismissed by affirming the
order dated 29.11.2021 passed by the Principal Magistrate Juvenile
Justice Board, Chatra in connection with Mayurhand P.S. Case
No.55 of 2021 instituted for the offence under Section 366-A of the
Indian Penal Code.
3. As per the F.I.R, it is alleged that the minor daughter of the
informant has left her house, however, she did not return after two
hours and though they conducted search, however they were not able
to locate her daughter and the petitioner is suspected to have eloped
with her daughter.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a Juvenile. It is further submitted that the allegation
against this juvenile-petitioner is false and not correct. It is further
submitted that no rape has been committed upon the victim girl by
the petitioner. It is further submitted that there was having a love
affair between the petitioner and the victim girl. It is further
submitted that the father of juvenile is very much willing and ready
to take 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
21.10.2021 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 has enticed away the
minor daughter of the informant and later on, he has committed rape
upon her.
6. Perused the Lower Court Records, Social Investigation Report
and considered the submission made on behalf of the parties.
7. It would appear from the F.I.R that the daughter of the
informant had left her house on her own. It also appears that the
juvenile-petitioner and the victim girl remained for few day. It
would appear from the impugned order passed by the learned Court
below that there was having a love affair between the juvenile-
petitioner and the victim girl. It appears from paragraph No.20 of
the case diary that this Juvenile-petitioner has stated in his defence
that he was having a love affair with the victim girl for the last six
months. It also appears from the statement of the witnesses namely,
Balram Swarnkar, Chanchala Devi, Jairam Mahali that the petitioner
was having a love affair with the victim girl and the statement of the
victim girl was recorded under Section 161 Cr.P.C. It also appears
that the police has submitted charge-sheet under Section 366-A of
the I.P.C only.
8. Considering the period of custody of the juvenile-petitioner
and giving an undertaking by the parents of the petitioner, the
juvenile-petitioner namely, Rahul Swarnkar, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Principal Magistrate Juvenile Justice Board,
Chatra in connection with Mayurhand P.S. Case No.55 of 2021,
subject to the condition that the parents i.e, the father and mother
shall be 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 Number before the learned Court below
and which shall not be changed till disposal of this case and the
father of the juvenile-petitioner shall produce the juvenile-petitioner
before the learned court below as and when required, failing which,
the prosecution will be at liberty to take steps for cancellation of his
bail.
09. Thus, in view of above judgment dated 27.01.2022 passed in
Criminal (Juvenile) Appeal No.22 of 2021 by the learned Special
Judge Child Act cases-cum-Additional Sessions Judge-I, Chatra and
the order dated 29.11.2021 passed by the learned Principal
Magistrate Juvenile Justice Board, Chatra in connection with
Mayurhand P.S. Case No.55 of 2021 are set-aside in the interest of
justice.
10. Accordingly, this Criminal Revision No.164 of 2022 stands
allowed and is accordingly disposed of.
(Sanjay Prasad, J.)
Raja/-
