Jharkhand High Court
Rahul Kumar vs The State Of Jharkhand on 28 February, 2023
1 Cr. Revision No. 84 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 84 of 2023
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Rahul 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. D.K. Maltiyar, Advocate
For the State : Mr. Sunil Kr. Dubey, Addl.P.P.
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Order No. 04: Dated: 28 February, 2023
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Heard the learned counsels appearing on behalf of the parties.
That the present criminal revision is being directed against the
order dated 22.12.2022 passed by Ld. Additional Sessions Judge-I-
cum-Children's Court, Hazaribag in Cr. Appeal (Juvenile) No. 87 of
2022 whereby the prayer for bail of the Petitioner has been rejected
in connection with Katkamsandi P.S. Case No.86 of 2022, registered
offence under section 354 B, 376, 511, 34 of Indian Penal Code and
section 3 of the POCSO Act affirming the order dated 02-12-2022
passed by the learned Principal Magistrate, J.J. Board, Hazaribag by
which the prayer for bail of the petitioner has been rejected.
It has been pointed out on behalf of the petitioner that the
allegations as set out in the FIR is that the informant being the
mother of the two alleged victims instituted a case that this
petitioner being child in conflict with law along with the co-accused
who was also child in conflict with law Raj Kumar had committed
the offence as alleged i.e. offence of attempt to commit rape upon
the victims and therefore, the case was reported to police station and
thereafter the FIR was instituted. It has been submitted on behalf of
the petitioner that the entire case of the prosecution has not been
supported by the statements of both the victims recorded u/s 164 of
Cr.P.C. It has further been pointed out that the co-accused, the child
in conflict with law, namely Raj Kumar has been enlarged on bail
vide Cr. Revision No. 1487 of 2022 vide order dated 27.02.2023 by
this Court. It has further been pointed out that this petitioner, the
child in conflict with law, was aged about 15 years 11 months and 3
days on the date of occurrence and he has been in custody since
23.06.2022. It has been pointed out that as per the Social
Investigation Report the father of the petitioner had expired few
years ago and the mother could not take the proper care of the child
and therefore the child in conflict with law is said to have involved
in such types of activities and as a matter of fact it is submitted on
behalf of the petitioner that the child in conflict with law had been
familiar with the victims and it was not acceptable by their mother
and therefore, the mother of the victims has instituted this false case
and nothing wrong is alleged to have been committed by this child
as evident from the re-statement of the victim recorded u/s 164 of
Cr.P.C. and it has also been pointed out that nothing has come in the
Social Investigation Report about his criminal history and this child
is said be a school dropout student and he used to work as a helper
in a tractor and due to lack of proper guidance and care, this child
has left his further education and hence it is prayed that the let this
petitioner be enlarged on bail.
On the other hand, learned counsel for the State has opposed
the contentions raised on behalf of the petitioner and submitted that
it is a case where one of the victims is minor and, therefore, the child
in conflict with law is alleged to have committed the heinous offence
u/s 354-B, 511, 376 and 34 of IPC and section 3 of the POCSO Act
and therefore he does not deserve to be enlarged on bail.
Having head the parties, perused the records of this case.
It is found that the petitioner (child in conflict with law) was
aged about 15yers 11 months and 3 days on the date of occurrence.
The allegations as set out in the FIR get wholly falsified by the
statement of the victim recorded u/s 164 of Cr.P.C. of the victim.
Further, from the Social Investigation Report it appears that there is
no criminal history and therefore possibility of the petitioner to
come in association with known criminal is very remote even after
this child is released on bail. Further, it has been submitted that the
co-accused Raj Kumar who is also said to be child in conflict with
law has been enlarged on bail vide order dated 27.02.2023 in Cr.
Revision No. 1487 of 2022. Further, it is stated that the petitioner is a
drop-out student of a school and a suitable direction be given for his
further education in school by proper counseling of this petitioner
after he is enlarged on bail. It is also found that by further remaining
in the observation home, it will rather expose his physical, mental,
moral or psychology 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 by granting bail to child
in conflict with law.
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, Hazaribagh in
connection with Katkamsandi P.S. Case No. 86 of 2022 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 his mother (since the father is
dead).
ii. Mother of the petitioner will give an undertaking that
she 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; and
v. Any other order or orders as the learned court below
may deem fit and proper.
Let a copy of this order be sent to Secretary DLSA, Hazaribag,
the Principal District and Sessions Judge,-cum Chairman DLSA,
Hazaribag, Deputy Commissioner-cum-Vice Chairman, DLSA
Hazaribagh in order to ensure that the directions given by this
Court are complied in letter and spirit.
Accordingly, this Criminal revision is allowed and the
judgment dated 22.12.2022 passed by the learned Addl. Sessions
Judge-I--cum-Children's Court, Hazaribag in Criminal Appeal No.
87 of 2022 and also the order dated 02.12.2022 passed by the learned,
Principal Magistrate, Juvenile Justice Board, Hazaribag in
connection with Katkamsandi P.S. Case No. 86 of 2022 are set aside.
(Navneet Kumar, J.)
MM
