Jharkhand High Court
Subhash Kumar @ Subhash Kumar Sahu ... vs The State Of Jharkhand on 6 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1218 of 2022
....
Subhash Kumar @ Subhash Kumar Sahu represented through his
father and natural guardian namely Nageshwar Saw
...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : None.
For the State : Mr. Subodh Kumar Dubey, A.P.P.
.....
03/06.01.2023 The present Criminal Revision No. 1218 of 2022 has
been filed on behalf of the petitioner under Section 102 of the
Juvenile Justice (Care and Protection of Children) Act, 2015
challenging the judgement dated 29.09.2022 passed by learned
Special Judge, Child Act Cases-cum-Additional Sessions Judge-I,
Chatra in Criminal (Juvenile) Appeal No. 44 of 2022 whereby
learned Special Judge, Child Act Cases-cum-Additional Sessions
Judge-I, Chatra has dismissed the appeal and rejected the prayer
for bail of the petitioner and affirmed the order dated 05.05.2022
passed by the Principal Magistrate, Juvenile Justice Board, Chatra
in connection with Tandwa P. S. Case No. 19 of 2022 for the
offence under Sections 363/366(A) of the Indian Penal Code, by
which prayer for bail of the juvenile-petitioner was rejected.
2. No one appears on behalf of the petitioner. However,
learned A.P.P. on behalf of the State is present.
3. Learned counsel for the State has opposed the prayer for
bail and has submitted that the petitioner is involved in enticing
the minor daughter of the informant. It is submitted that the
petitioner and the victim girl have performed marriage. It is
submitted that apart from the informant, the witnesses namely
Geeta Devi and Rekha Devi have supported the allegation made at
para-6, 8 and 20 of the case diary against the petitioner for enticing
the minor daughter of the informant. It is submitted that the victim
girl is aged about 16 years. It is submitted that the police has
submitted charge sheet under Sections 363/366(A) of the Indian
Penal Code and as such, prayer for bail may be rejected.
4. Perused the records of this Criminal Revision Application
and Lower Court Records of the case and the case diary and the
Social Investigation Report of the petitioner and statement
recorded under Section 164 of the Cr. P. C.
5. It transpires that informant has lodged the FIR that his
minor daughter was enticed by the petitioner for performing the
marriage. It transpires from that statement of the victim girl-
Pushpa Kumari recorded under Section 164 of the Cr. P. C. at para-
38 of the case diary that she is said to have performed the marriage
with this juvenile-petitioner on her own and she wants to live with
this juvenile-petitioner. It appears that the petitioner is a bright
student and secured first division in his examinations. It appears
that the petitioner has appeared in his intermediate examination in
judicial custody and secured First Division. It transpires that the
juvenile-petitioner is in custody since 31.01.2022.
6. Considering the facts and in the circumstances of the case
and considering the period of custody of the juvenile-petitioner,
the juvenile petitioner- Subhash Kumar @ Subhash Kumar Sahu
is directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of Principal Magistrate, Juvenile
Justice Board, Chatra in connection with Tandwa P. S. Case No.
19 of 2022 in care and supervision of his Natural Guardian and
Father namely Nageshwar Saw subject to the condition that one of
bailor should be Father of the juvenile-petitioner and subject to
condition that the father of the juvenile- petitioner will submit his
mobile number and self-attested copy of his Aadhar Card before
the learned Court below, which he will always keep active and will
not change it, during the pendency of this case, without prior
permission of the Court and shall produce the juvenile-petitioner
as and when required and the juvenile-petitioner shall not leave
Chatra District without prior permission of the learned Court
below.
7. Therefore, in view of the above, the judgment dated
29.09.2022 passed by learned Special Judge, Child Act Cases-
cum-Additional Sessions Judge-I, Chatra in Criminal (Juvenile)
Appeal No. 44 of 2022 and the order dated 05.05.2022 passed by
the Principal Magistrate, Juvenile Justice Board, Chatra in
connection with Tandwa P. S. Case No. 19 of 2022 are set aside.
8. Thus, the Criminal Revision No. 1218 of 2022 is allowed
and stands disposed of.
(Sanjay Prasad, J.)
Kamlesh/
