Jharkhand High Court
Ajay Kumar vs The State Of Jharkhand on 19 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1199 of 2022
Ajay Kumar --- --- Petitioner
Versus
The State of Jharkhand --- --- Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Santosh Kumar Soni, Advocate
For the State : Mrs. Anuradha Sahay, A.P.P.
For the Informant : Mr. Niraj Kishore, Advocate
05/19.07.2023 Heard learned counsel for the petitioner and learned counsel for
the Informant assisted by learned A.P.P.
2. This criminal revision is directed against the judgment dated
27.09.2022 passed in Criminal Appeal (Juvenile) No. 50 of 2022 by the
court of learned Additional Sessions Judge-I cum Children's Court,
Hazaribag whereby the learned appellate court has dismissed the appeal
and affirmed the order dated 24.08.2022 passed by the learned Principal
Magistrate, Juvenile Justice Board, Hazaribag in connection with
Katkamdag P.S. Case No. 19 of 2022 registered under Section 376 of the
IPC and Section 4 of the POCSO Act whereby the learned Juvenile
Justice Board, Hazaribag has rejected the prayer for bail of the petitioner.
3. It is submitted on behalf of the petitioner that the gist of the
allegation as set out in the F.I.R by the father of the victim is that his
daughter aged about 15 years had been establishing physical relationship
with the petitioner by which she had become pregnant and after the
delivery the new born baby died. It is submitted on behalf of the
petitioner that age of the petitioner has been determined by the
concerned court below as 13 years 11 months and 23 days on
02.02.2022, the date of institution of the F.I.R. It is further submitted that
in the medical examination of the victim she has been found to be almost
a major being 17-18 years of age. It is further pointed out from the
contents of the F.I.R. and from the statements of the victim recorded
under Section 164 Cr.P.C that the victim had been establishing physical
relationship with this petitioner voluntarily and willingly and therefore
no offence as alleged in the F.I.R under Section 376 IPC and Section 4/6
of the POCSO Act is made out against this petitioner. Further, it is
submitted that there is no adverse remark in the social investigation
report against the petitioner and the petitioner is in judicial custody since
20.06.202022 and therefore, he deserves to be enlarged on bail.
4. On the other hand learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant have opposed the
contentions raised by the petitioner and submitted that it is evident from
the statement of the victim recorded under Section 164 Cr.P.C. that she
was raped by this petitioner under coercion by putting her on the fear of
death and thereafter petitioner had been establishing physical
relationship on regular basis for 7 months and when she became
pregnant and delivered a body, who died later on, then the case was
instituted. Further, it has been pointed that only in order to save the
dignity and honour of the victim, father of the victim had disclosed the
age of the victim as 20 years and also stated that the victim had been
married, although it is not true and as a matter of fact the victim was 15
years old and she was not married. In this view of the matter, petitioner
does not deserve to be enlarged on bail.
5. Having heard learned counsel for the parties, perused the record
of the case.
6. Petitioner is a child in conflict with law aged about 13 years 11
months and 23 days on the date of institution of F.I.R i.e., 02.02.2022.
Petitioner is in custody since 20.06.2022. Further, from the case diary it
is found that father of the victim had disclosed the age of the victim as
20 years and that she was a married woman as evident from para 44 of
the case diary although the same fact has been denied by the father of the
victim at para 95 of the case diary. Further, it is found that the statement
of the victim under Section 164 Cr.P.C that petitioner is the neighhbour
of the victim and after establishing physical relationship for the first
time, they had been in physical relationship voluntarily and willingly on
each alternate day, as stated by the victim in her statement under Section
164 Cr.P.C. Further it is also found from the social investigation report
that no adverse remark has been given against the petitioner and it is
mentioned that petitioner is interested in study and wants to continue it
and he is very obedient and respectful towards his elders and friendly
amongst his peer group. Further, it has been opined by the Probation
Officer that he is studying regularly and interested in continuing his
study and in this view of the matter, one opportunity may be given to
him to come into the main stream of the society. The social investigation
report does not show any criminal history against this petitioner. It is
also found that charge-sheet has been submitted and therefore possibility
of tempering evidence is very remote and therefore in the interest of
justice, it is found that if the petitioner is enlarged on bail he will not
come in association of the known criminal and it is manifest that his
further detention in the observation home would cause danger to his
mental, moral, psychological and physical aspect of his life as he is in
custody since 20.06.2022.
7. In the backdrop of the aforesaid fact, it is deemed appropriate to
enlarge the petitioner on bail.
8. Accordingly, the petitioner named above is directed to be enlarged
on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction
of Learned Principal Magistrate, Juvenile Justice Board, Hazaribag in
connection with Katkamdag P.S. Case No. 19 of 2022 subject to the
condition as set out under Section 439 of the Cr.P.C and with further
subject to the conditions, inter alia as under:
i. Either of the parents of the petitioner / close relative will be
one of the bailers;
ii. Either of the parents of the petitioner will give an
undertaking that he/she will take proper care and attention
of the child and he will admit him in a school for further
studies;
iii. The Secretary, DLSA is directed to take proper steps for
counselling of the child and also facilitate him to get him
admitted in a school and also to ensure that he properly
attends the school and continue with his studies with the
help of Legal cum Probation officer.
iv. Any other condition or conditions as the learned Court
below may deem it fit and proper in the interest of child.
v. Petitioner will cooperate in the trial of this case, which is
going on and he will remain present on each and every date
fixed in this case, failing which, learned court below will
pass appropriate order for cancellation of his bail.
9. Accordingly, this criminal Revision is allowed. The impugned
order dated 27.09.2022 passed in Criminal Appeal (Juvenile) No. 50 of
2022 by the court of learned Additional Sessions Judge-I-cum-Children's
Court, Hazaribag affirming the order dated 24.08.2022 passed by the
learned Principal Magistrate Juvenile Justice Board, Hazaribag in
connection with Katkamdag P.S. Case No. 19 of 2022 is set aside.
10. Let a copy of this order be communicated to the Secretary, DLSA,
Hazaribag, the Principal District Judge cum Chairman, DLSA,
Hazaribag and the Deputy Commissioner cum Vice Chairman, DLSA,
Hazaribag through FAX to ensure that the Secretary, DLSA complies the
direction in letter and spirit as passed by this Court without any
hindrances and obstacles.
(Navneet Kumar, J.)
A.Mohanty
