Jharkhand High Court
Sitara Kumari vs The State Of Jharkhand on 21 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.15 of 2022
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Sitara Kumari, aged about 17 years D/o Late Sunil Lohra age about R/o
Mahadeo Toli, P.O. P.S & Dist-Lohardaga Through Pushpa Lohra W/o
Late Sunil Lohra are aged about 45 years R/o Mahadeo Toli, P.O. + P.S.
Distrcit-Lohardaga ... Petitioners
-Versus-
The State of Jharkhand ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioners : Mr. Altamash Khan, Advocate
For the State : Mr. Abhay Kumar Tiwari, A.P.P.
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Order No.05 Dated 21st July, 2022
Heard Mr. Altamash Khan, learned counsel for the petitioner and
Mr. Abhay Kumar Tiwari, 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 06.12.2021 in Criminal Appeal No.22 of 2021
by the learned Addl. Sessions Judge-1st-cum-Special Judge,
Children Court, Lohardaga by which the said appeal was dismissed
by the learned Addl. Sessions Judge-1st-cum-Special Judge,
Children Court, Lohardaga by affirming the order dated 23.09.2021
passed by the learned Principal Magistrate, Juvenile Justice Board,
Lohardaga in connection with Senha P.S. Case No.49 of 2021
corresponding to G.R No.447 of 2021 for the offence registered
under Sections 307,325,376/34 of the I.P.C and also Section 4/6 of
the POCSO Act.
3. As per the F.I.R, it is alleged that co-accused person Sachin
Oraon is alleged to have committed rape upon the victim girl on the
pretext of marriage and the juvenile-petitioner along with Sachin
Oraon are said to have assaulted the victim girl due to which, she
became seriously injured.
4. It is submitted by the learned counsel for the petitioner that the
petitioner is Juvenile. It is submitted that the allegation of rape is
alleged to other co-accused person Sachin Oraon who happens to be
acquainted with the petitioner. It is submitted that the petitioner is a
juvenile and has pregnancy of four months. It is further submitted
that the juvenile petitioner is in custody since 30.06.2021 and hence,
she 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 also assisted the
co-accused Sachin Oraon and had assaulted the victim girl resulting
into several injuries on her person.
6. Perused the Lower Court Records, Social Investigation Report
and considered the submission made on behalf of the parties.
7. It appears from the F.I.R that the petitioner along with her
brother is alleged to have assaulted the victim girl. However, from
the statement of the victim girl recorded under Section 164 Cr.P.C,
it would appear that the victim girl has put photograph of this
juvenile-petitioner on 'INSTAGRAM' and for which, she is alleged
to have assaulted her. It also appears from the F.I.R that Sachin
Oraon is said to have established physical relationship with the
victim girl on the pretext of marriage
8. From perusal of Social Investigation Report submitted by
Probation Officer, Lohardaga, it appears that she is pregnant. It is
surprising that when the juvenile petitioner has been taken to Mahila
Observation Home, Ranchi, how, she became pregnant of four
months. It appears that there is breach of security to the juvenile-
petitioner and provisions of Juvenile Justice (Care and Protection of
Children) Act, 2015 has been violated.
9. Under the circumstances mentioned above, the juvenile-
petitioner namely, Sitara Kumari is directed to be released on
provisional bail for a period of three months from today on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of Sri. Raj Kalyan, Principal
Magistrate, Juvenile Justice Board, Lohardaga or his Successor Court
in connection with Senha P.S. Case No.49 of 2021 corresponding to
G.R No.447 of 2021, subject to the condition that she will produce
the juvenile petitioner as and when required before the learned Court
below.
10. Learned counsel for the petitioner is directed to file
supplementary affidavit regarding steps taken by the authorities for
health care on behalf of the juvenile-petitioner.
11. Issue show cause notice upon the Home Mother/ Superintendent
of Mahila Observation Home, Ranchi as to under what circumstances,
the Juvenile petitioner has become pregnant.
12. The Chairman and all Members of C.W.C is directed to enquire
into the matter and also the health of the victim girl and submit his
report before this Court within a period of two weeks from today along
with all the documents and test report conducted by the Mahila
Observation Home or by any other Authorities.
13. The Principal Secretary, Social Welfare Department, the Deputy
Commissioner, Ranchi, District Welfare Officer, Ranchi and the
Chairman of the C.W.C are directed to remain physically present
before this Court to assist this Court on the next date fixed in this case
on the point of pregnancy of the Juvenile-petitioner inside Mahila
Observation Home and also steps which may be taken in future for the
other inmates of the Mahila Observation Home.
14. It will be desirable that the learned Advocate General may assist
this Court on the next date fixed in this case
15. Let a copy of the copy of this order be sent to the learned
Member Secretary, JHALSA and the learned A.P.P be sent for the
needful.
16. Accordingly, put up this case on 10th August, 2022.
(Sanjay Prasad, J.)
Raja/-
