Jharkhand High Court
Raj Kumar vs The State Of Jharkhand on 27 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1487 of 2022
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Raj Kumar ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Arvind Prajapati, Advocate
For the State : Mr. Tapas Roy, Addl.P.P.
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th
Order No. 04: Dated: 27 February, 2023
Heard, learned counsel appearing on behalf of the petitioner
and learned Addl.P.P. appearing on behalf of the State.
This Criminal Revision Application is directed against the
order dated 16.11.2022 passed by the learned Additional Sessions
Judge-I-cum- Children's Court, Hazaribagh in Cr. Appeal No.53 of
2022 whereby the prayer for bail of petitioner has been rejected in
connection with Katkamsandi P.S. Case No.86 of 2022 registered under
Sections 354(B), 376, 511, 34 of IPC and 3 of the POCSO Act affirming
the order passed by the Juvenile Justice Board dated 30.08.2022 by
which the bail of child in conflict with law (petitioner) was rejected.
Learned counsel appearing on behalf of the petitioner
submitted that petitioner is juvenile aged about 13 years, 10 months
and 17 days on date of the alleged occurrence.
Further, it has been pointed out that petitioner is in custody
since 23.06.2022.
It has further been submitted that the entire allegations against
this petitioner as per the written report of the mother of the victim that
two daughters of the informant were sleeping on the terrace after
taking dinner and this petitioner along with co-accused (also child in
conflict with law) came on the terrace and started outraging the
modesty of her daughters and tried to commit rape upon them and
when their daughters raised alarm, the informant and her husband
went to the terrace and found that both the boys holding their
daughters and they fled away from the place of the occurrence.
It has further been submitted on behalf of the petitioner that
entire case of the prosecution gets falsified from the statement of both
the victims recorded under Section 164 of Cr.P.C. and no allegation as
set out in the FIR has been substantiated as observed by the lower
appellate court also in the impugned judgment.
It has further been pointed out that one of the victims against
whom the allegation has been made for outraging her modesty and
attempting to commit rape by this petitioner is also major from the
statement of her mother as disclosed in the FIR itself that she is 18
years old and therefore, no offence under POCSO Act has been
supported by the mother and victim both with respect to the alleged
offence.
It has further been pointed out that from the Social
Investigation Report as evident from the impugned judgment it is
found that this child (petitioner) is school drop out the student and
due to the lack of proper guidance and negligence by the parents, he is
alleged to have been involved in such type of false and fabricated
allegations.
Learned counsel appearing on behalf of the petitioner has
further submitted that there is recommendation of the Legal-cum-
Probation Officer that the juvenile requires adequate sessions of expert
counseling before being released and in this view of matter, it is
submitted on behalf of the petitioner that neither there is an evidence
about criminal history against the petitioner nor any offence as alleged
in the FIR is substantiated by the statement of the victim as recorded
under Section 164 of Cr.P.C., therefore, there is no danger of any
mental, moral, physical or psychological to the victim, if he is released
on bail and therefore, he deserves to be enlarged on bail.
On the other hand, the learned A.P.P. appearing on behalf of
the State opposed the contentions raised on behalf of the petitioner.
Having heard both the parties, perused the record of this case.
It is found that petitioner is child in conflict with law aged
about 13 years, 10 months and 17 days on the date of occurrence and
he is in observation home since 23.06.2022.
Further it is found that the statement of both the alleged victims
were recorded under Section 164 of Cr.P.C., but none of them has
substantiated the case of the prosecution and entire case of prosecution
has been falsified by their categorical statements recorded under
Section 164 of the Cr.P.C., which is evident from the impugned
judgment itself passed by the lower appellate court.
Further, it is also found from the Social Investigation Report
that due to lack of the proper guidance and guardianship this child is
conflict with law is alleged to have been involved in such type of
incident and further detention at observation home would put mental,
moral, physical or psychological danger to him and therefore, in the
interest of justice it is found just and proper to give one opportunity to
the petitioner to come into main stream of the society by enlarging him
on bail with a condition that the parents of the child will take care of
his further education and also intermittently counseling of the child
will be conducted.
From the Social Investigation Report, it is also found that there
no criminal history against this petitioner and it is also found from the
Social Investigation Report that this child in conflict with law has
never been in the association of any miscreants or anti-social element.
In this view of the matter, it is found that release of the
petitioner on bail will not bring him into association of any known
criminal in absence of any criminal history pending against this
petitioner.
In the backdrop, this petitioner is directed to be enlarged 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, Hazaribagh in
connection with Katkamdag P.S. Case No.86 of 2022 subject to the
condition that set out under Section 439 of Cr.P.C. and further subject
to the conditions:-
(i) One of the bailors should be mother.
(ii)Mother of the petitioner will give an undertaking that she will keep
his child in proper guardianship and she will get the child admitted in
school for continuation of his (petitioner's) education and further,
(iii) The Secretary, DLSA shall ensure that the legal cum-Probation
Officer will conduct the counseling of the child intermittently to enable
him to continue his education and not to indulge in such type of
activities.
(iv) Any other condition or conditions that the concerned court/ Board
below may deemed fit and proper and
(v) This child in conflict with law will co-operate with inquiry pending
in the Juvenile Justice Board.
Let a copy of this order be communicated to the Secretary,
DLSA, Hazaribagh and also to the Principal District and Sessions
Judge-cum-Chairman, DLSA, Hazaribagh and also the Deputy
Commissioner-cum-Vice Chairman, DLSA, Hazaribagh to ensure that
the directions given by this Court with respect to the child in conflict
with law is complied in its letter and spirit.
Accordingly, this Criminal Revision No.1487 of 2022 is allowed
and the order dated 16.11.2022 passed by the learned Additional
Sessions Judge-I-cum- Children's Court, Hazaribagh in Cr. Appeal
No.53 of 2022 and the order dated 30.08.2022 passed by the learned
Principal Magistrate, Juvenile Justice Board, Hazaribagh are set aside.
(Navneet Kumar, J.)
R.S./-
