Jharkhand High Court
Mangal Haiburu Aged About 18 Years ... vs The State Of Jharkhand on 27 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 284 of 2022
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Mangal Haiburu aged about 18 years through Budhan Hiburu,
his father / natural guardian ... 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.R. C.P. Sah, Advocate
For the State : Mr. Subodh Kr. Dubey , A.P.P.
Order No. 03/ Dated: 27.07.2022
This Criminal Revision 284 of 2022 has been filed on behalf of
the petitioner under section 102 of the Juvenile Justice ( Care and
Protection of Children Act) by challenging the judgment dated
04.03.2022 passed by learned Principal District and Sessions Judge,
Serikella -Kharsawan in Criminal Appeal (Bail ) No. 05 of 2022
(JHSK 01 000271 2022) by which appeal was dismissed and order
dated 29.01.2022 passed by the Principal Magistrate , Juvenile Justice
Court, at Seraikella by which the bail of the petitioner was rejected in
connection with R.I.T. P.S. Case No. 93 of 2019 corresponding to
POCSO Case No. 51 of 2019 (s) instituted under section 4/6 of
POCSO Act and section 376 D of I.P.C.
2. As per the F.I.R., it is alleged that the victim was
subjected to gang rape by the six persons namely Sanjay Lama, Sukra
Kalindi , Badal Purti, Manish Lama , Choko including this juvenile
petitioner namely Mangal Haiburu.
3. Heard, learned counsel for the petitioner and learned counsel
for the State.
4. It is submitted that the petitioner is a juvenile and allegation
for committing rape upon the victim girl by this petitioner is false and
concocted. It is submitted that two (02) other juvenile persons were
named in the F.I.R. namely Badal Purty @ Badal Poorti and Manish
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Lama Manish Lamay and they have been granted bail by the Co-
ordinate Bench of this Court in Cr. Rev. No. 433 of 2022 vide order
dated 03.06.2022 and Cr. Rev. 695 of 2020 vide order dated 21.12.2021
respectively. It is submitted that the other two Co-accused persons
namely Sanjay Lama @ Sanjay Lamay and Sukra Kalindi of @ Choko
@ Jhaghru who were adult, had already may acquitted vide judgment
dated 08.02.2022 passed by the learned Additional Sessions Judge-II,
Seriakella . It is further submitted that during the trial of the victim girl
and her mother have been declared hostile and also on the point of
identification of this juvenile petitioner . It is submitted that the
petitioner is in custody since 02.08.2019 i.e. about three (03) years and
hence, the juvenile petitioner may be enlarged on bail.
5. On the other hand, the learned A.P.P. appearing for the
State has opposed the prayer for bail and submitted that the juvenile
petitioner named in the F.I.R. and also named by the victim girl during
her statement recorded under section 164 Cr.P.C for committing rape
upon her and hence prayer for bail of the juvenile petitioner is fit to be
rejected.
6. Perused the scanned copies of the Lower Court Records
of this case and Social Investigation of the petitioner and order passed
by the Co-ordinate Bench considered the submission of both the sides.
7. It appears that the juvenile petitioner is the named in
F.I.R. along with five (05) other persons namely Badal Purty @ Badal
Poorti and Manish Lama Manish Lamay, Sanjay Lama @ Sanjay
Lamay and Sukra Kalindi of @ Choko @ Jhaghru and Choki @ Shiva
Purti . It further appears that two juvenile accused Badal Purty @
Badal Poorti and Manish Lama Manish Lamay have also been granted
bail by the Co-ordinate Bench of this Court in Cr. Rev. No. 433 of 2022
vide order dated 03.06.2022 and Cr. Rev. 695 of 2020 vide order dated
21.12.2021 respectively.
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8. Considering the custody of the juvenile petitioner and on
the fact and circumstance of this case and the grant of bail to the other
co-accused persons by the Co-ordinate Bench of this Court as
mentioned above,, the Juvenile petitioner namely Mangal Haiburu is
directed to be released on bail on furnishing bail bond of Rs.10000/-
(Rupees Ten Thousand only ) with two sureties of the like amount
each to the satisfaction of the Sri M.K. Singh, the learned Principal
Magistrate, Juvenile Justice Board , Seraikella in connection with
R.I.T. P.S. Case No. 93 of 2019 corresponding to POCSO Case No. 51
of 2019 (s) and directed to be released in the custody and guardianship
to his Father and the father of the juvenile shall furnish an
Undertaking that he will take proper care of the juvenile petitioner in
future that the juvenile petitioner shall not get indulged any such type
of criminal activities in future again and the juvenile and his guardian
shall not tamper and influence the witnesses to be examined before the
learned below Court , Seraikella and father of the juvenile shall also
furnish his self attested copy of his Aadhar Card and also submit his
mobile number before the learned Court below and shall not change his
mobile number .
9. Therefore in view of above the judgment dated 04.03.2022
passed by learned Principal District and Sessions Judge, Serikella
-Kharsawan in Criminal Appeal (Bail ) No. 05 of 2022 (JHSK 01
000271 2022) by which appeal was dismissed and order dated
29.01.2022 passed by the Principal Magistrate , Juvenile Justice
Court, at Seraikella are set aside.
10. Thus this Criminal Revision No. 284 of 2022 is allowed
and stands disposed of.
(Sanjay Prasad, J.)
Bibha/
