Jharkhand High Court
Etwa Oraon vs The State Of Jharkhand on 27 February, 2023
1 Cr. Revision No. 1286 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1286 of 2022
------
Etwa Oraon ... ... Petitioner
Versus
1. The State of Jharkhand
2. Sukhdeo Oraon ... ... Opp. Parties
--------
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
--------
For the Petitioner : Mr. D.K. Maltiyar, Advocate
For the State : Mr. Sunil Kr. Dubey, Addl.P.P.
--------
Order No. 03: Dated: 27th February, 2023
Heard the learned counsels appearing on behalf of the parties.
This criminal revision application is directed against the
judgment dated 19.09.2022 passed by A.J.C.-IV-cum-Special Judge
(POCSO), Ranchi in Criminal Appeal No. 117/2022 whereby and
whereunder the appeal filed by this petitioner was dismissed
confirming the order dated 13.07.2022 passed by the Juvenile Justice
Board, Ranchi in POCSO Case No. 140 of 2021 in connection with
Narkopi P.S. Case No. 18 of 2021 for the offences punishable u/s
361, 363, 366 A, 376 D of IPC and sections 6, 8 and 10 of POCSO Act
where the bail of the petitioner was rejected.
The prosecution story as set out in the FIR was that the
informant alleged that the daughter (victim) of the his relative was
residing with him since last 10 days and on 05.08.2021 at about 8
p.m. some unknown persons enticed and took her away and
thereafter the informant tried to search her out but they could not
trace her. On the basis of this one FIR was instituted u/s 363/366 of
IPC and later on vide charge sheet no. 23/2021, section 363, 366 A,
376 D of IPC and 6, 8 and 10 of POCSO Act were added.
It has been submitted by the learned counsel appearing on
behalf of the petitioner that he was 17 years 6 months and 20 days
on the date of occurrence and he had been in jail since 10.08.2021.
Further, it has been pointed out that on the basis of the statement of
the victim recorded u/s 164 of Cr.P.C. 2 more accused persons
namely Shiva Oraon and Ganga Oraon apart from the petitioner
were alleged to have involved in the commission of offence and
during the pending of this case the two accused persons namely
Shiva Oraon and Ganga Oraon who were major have been
enlarged on bail by the coordinate Bench of this Court vide B.A. No.
4152 of 2022 vide order dated 04.05.2022 and the case of the
petitioner is on better footing and there is no offence as alleged
against this child in conflict with law is substantiated by the version
of the victim which disclosed before the doctor where she refused to
go under Medical examination and stated that she had gone
willingly with the co-accused Shiva Oraon and established physical
relationship with him consensually as she wanted to marry with
him and said that the boy Shiva also promised to marry her and the
victim refused for Medical examination.
Further form the Social Investigation Report, it is found that
there is no criminal history against this petitioner and his
relationship with his family members are good and no untoward
facts have been found against this petitioner and the child in conflict
in law belongs to a low income class family and his relationship
with his peer group are very cordial and his attitude towards the
elder members and parents are also obedient and respectful. It has
further been pointed out in the Social Investigation Report that due
to lack of proper care and guardianship, he is alleged to have been
involved in such types of offence and it has also been found that
during the course of investigation by the Legal-cum-Probation
Officer, the child is interested to change his behavior and he wanted
to become a good child of the society and to support his family by
earning livelihood to uplift his family living and it has been
recommended to the parents to take care of the child and to
continue his studies.
On the other hand, learned Addl.P.P. appearing on behalf of
the State opposed the contentions raised on behalf of the petitioner
and submitted that he is involved in heinous crime and he does not
deserve to be released on bail.
Having head the parties, perused the record of this case.
It is found that the child in conflict with law is in custody since
10.08.2021 and co accused persons Shiva Oraon and Ganga Oraon
have been enlarged on bail vide B.A. No. 4152 of 2022 by a
coordinate Bench of this Court. Further, it is found from the Social
Investigation Report that there is no criminal history and he is ready
to come into the main stream of the society and to continue his
study and also to do some work which would be proper as per his
age. It is also found that due to lack of guardianship he has been
implicated and got involved allegedly in such types of offence. It is
also found that by further remaining in the observation home, it
would rather expose him physical, mental, moral or psychological in
danger and therefore, it is in the interest of justice, to provide him
one opportunity to continue with studies and to come into the main
stream of the society.
In the backdrop, the petitioner is directed to be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousands
only) with two sureties of the like amount each, to the satisfaction of
learned Principal Magistrate, Juvenile Justice Board, Ranchi in
connection with Narkopi P.S. Case No. 18 of 2021 subject to the
conditions as stated u/s 439 of Cr.P.C. and also subject to the further
conditions as stated below:-
i. One of the bailers will be one of the parents.
ii. Father of the petitioner will give an undertaking that he
will continue the study of the child.
iii. The legal and Probation Officer will ensure proper
counseling of the child in order to ensure his further
studies.
iv. The petitioner will co-operate in the trial /inquiry
pending in the court below.
v. Any other condition or conditions as the learned court
below may deem fit and proper.
Let a copy of the order be sent to Secretary DLSA, Ranchi, the
Judicial Commissioner-cum Chariman DLSA, Ranchi, Deputy
Commissioner-cum-Vice Chairman, DLSA Ranchi in order to
ensure that the direction given by this Court is complied in letter
and spirit.
Accordingly, this Criminal revision is allowed and the
judgment dated 19.09.2022 passed by the learned A.J.C.-IV--cum-
Special Judge (POCSO), Ranchi in Criminal Appeal No. 117 of 2022
and also the order dated 13.07.2022 passed by the learned, Juvenile
Justice Board, Ranchi in connection with Narkopi P.S. Case No. 18 of
2021 are set aside.
(Navneet Kumar, J.)
MM
