Jharkhand High Court
Kiran Kumari vs The State Of Jharkhand on 16 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.769 of 2022
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Kiran Kumari, aged about 14 years, D/O Shivdayal Oraon through her
Uncle and Legal Guardian namely, Chamra Oraon aged about 45 years
S/O Late Budhawa Oraon Resident of Hendlaso Nawa Toli, P.O. Kujra,
P.S.-Lohardaga District-Lohardaga ...
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. Gautam Kumar, Advocate
For the State : Mr. Subodh Kumar Dubey, A.P.P.
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Order No.07 Dated 16th September, 2022
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 12.05.2022 passed in Criminal Appeal No.09 of
2022 by the learned Additional Sessions Judge-I-cum-Spl. Judge
Children's Court, Lohardaga, by which, the said Criminal Appeal
has been dismissed and the prayer for bail of the petitioner has been
rejected by affirming the order dated 25.02.2022 passed by the
Principal Magistrate, Juvenile Justice Board, Lohardaga in
connection with Lohardaga P.S Case No.176 of 2021 corresponding
to G.R No.619 of 20221 instituted for the offence under Section 147,
149, 341, 323, 323, 502, 504, 506 of the I.P.C and Section ¾ of
Prevention of Witch (Daain) Practicies Act.
2. Heard Mr. Mr. Gautam Kumar, learned counsel for the petitioner
and : Mr. Subodh Kumar Dubey, learned counsel for the State.
3. As per the F.I.R, it is alleged that seven accused persons,
including this juvenile-petitioner are alleged to have committed
murdered of the deceased namely, Sushila Oraon on the allegation
of practicing the witch craft .
4. It is submitted by the learned counsel for the petitioner that the
petitioner is a Juvenile, who is aged about 14 years and she has
declared hostile by the learned Court below. It is further submitted
that there is general and omnibus allegation against all the accused
persons and no specific act has been levelled against this petitioner.
It is further submitted that co-acused Fuleshwar Oraon in B.A
No.3352 of 2022 and co-accused Nagiya Oraon in B.A No.3233 of
2022 vide order dated 16.06.2022 have already been granted bail by
the Co-ordinate Bench of this Court. It is further submitted that the
juvenile-petitioner is in custody since 10.08.2021 and hence, she
may be enlarged on bail.
5. On the other hand, learned counsel for the State has opposed
the bail.
6. Perused the F.I.R and grant of bail to the other co-accused
persons by the Co-ordiate Bench of this Court and also considered
the submission made on behalf of the parties.
7. It transpires that from the F.I.R that there is general and
omnibus allegation against this juvenile-petitioner and no specifi
overtact has been attributed to this junveile petitioner. It also appears
that the age of this juvenile petitioner is about 14 years.
8. Considering the period of custody of the juvenile-petitioner
and grant of bail to the other co-accused persons as mentioned
above, the juvenile-petitioner namely, Kiran Kumari, is directed to be
released on bail in the care and custody of her Uncle on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of Principal Magistrate,
Juvenile Justice Board, Lohardaga in connection with Lohardaga P.S
Case No.176 of 2021 corresponding to G.R No.619 of 2021, subject
to the condition that the Uncle shall be one of the bailors of the
juvenile petitioner and the uncle of the juvenile-petitioner shall
produce the juvenile-petitioner before the learned court below as and
when required.
09. Thus, in view of above judgment dated 12.05.2022 passed in
Criminal Appeal No.09 of 2022 by the learned Additional Sessions
Judge-I-cum-Spl. Judge Children's Court, Lohardaga and the order
dated 25.02.2022 passed by the Principal Magistrate, Juvenile
Justice Board, Lohardaga in connection with Lohardaga P.S Case
No.176 of 2021 are set-aside in the interest of justice.
10. Accordingly, this Criminal Revision No.769 of 2022 is
allowed and stands disposed of.
(Sanjay Prasad, J.)
Raja/-
