Jharkhand High Court
Sitamuni Kumari vs The State Of Jharkhand on 4 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 52 of 2023
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Sitamuni Kumari ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Gautam Kumar, Advocate
For the State : Mr. Saket Kumar, A.P.P.
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Order No. 03 / Dated: 4th May, 2023
Heard learned counsel appearing on behalf of the petitioner and learned counsel
appearing on behalf of the State.
2. This criminal revision application is directed against the Judgment dated
07.12.2022 passed by the Court of Learned Additional Sessions Judge-1-cum- Special
Judge, Children Court, Civil Court Lohardaga, in Criminal Appeal No. 41 of 2022, vide
CNR No. JHLH01-001900-2022, whereby and where under the appeal preferred by the
petitioner against the order dated 14.10.2022, passed by the Presiding Officer, Juvenile
Justice Board, Lohardaga, in connection with Bhandra P.S. Case No. 28 of 2019,
corresponding to G.R. Case No. 605 of 2019(S), whereby and where under the learned
Juvenile Justice Board, Lohardaga finding the offence of the petitioner serious in nature
under Section 302 of the Indian Penal Code, had rejected the bail of the petitioner and the
appeal of the petitioner has also been dismissed
3. Learned counsel for the petitioner has submitted that the gist of allegation is that
the petitioner alongwith the co-accused persons had committed murder of the daughter of
the informant. It has been submitted on behalf of the petitioner that she was not named in
the F.I.R.. It has also been submitted that the only incriminating material against the
petitioner is her confessional statement and the confessional statement of the co-accused
persons and from the confessional statement of the co-accused persons including the
confessional statement of this petitioner it has been pointed out that the main culprit, if
any, was the co-accused Phulmani Kumari, who has been enlarged on bail vide order
dated 07.06.2021 in B.A. No. 3621 of 2021 by the co-ordinate Bench of this Court. It has
been pointed out that from the confessional statements of this petitioner and the co-
accused persons it is manifest that there had been illicit relationship of the brother-in-law
(Dewar) of the deceased with the co-accused Phulmani Kumari and this petitioner has no
role to play in the commission of the offence and no overt act has ever been found in the
Cr. Revision No. 52 of 2023
entire case diary. Further it has also been pointed out that this petitioner is in jail since
17.09.2019 and charge-sheet in this case has been submitted long back and the trial of the
case is still pending before the Children Court and both the co-accused persons namely,
Birso Orain and Phulmani Kumari have been enlarged on bail and there is no criminal
history against this petitioner and she had been the student of class-IX at the time of
commission of the offence and she was of sixteen years and therefore, she deserves to be
enlarged on bail.
4. On the other hand, learned counsel appearing on behalf of the State has opposed
the contentions raised on behalf of the petitioner and submitted that she was also involved
in the commission of the offence of the murder of the daughter of the informant and
therefore, she does not deserve to be enlarged on bail although the learned counsel for the
State did not controvert the fact that the co-accused persons i.e. Birso Orain and Phulmani
Kumari have been enlarged on bail by the co-ordinate Bench of this Court.
5. Having heard the parties, perused the records of this case.
6. The petitioner is a child in conflict with law aged about 16 years. She is said to be
16 years old at the time of commission of the offence. She is in jail since 17.09.2019.
From the social investigation report it is found that there is no adverse report against this
petitioner and her relationship has been cordial with her parents and the siblings. Further
it has been found from the social investigation report that the petitioner had been the
student of Class-VIII, at the time of commission of the offence and due to lack of parental
supervision and knowledge about the legal norms she is alleged to have got involved in
such type of offence. It has also come into evidence in the social investigation report that
this petitioner has been influenced with the co-accused Phulmani Kumari and it has been
recommended that this petitioner may be given one chance to come into the main stream
of the society.
7. In this view of the matter, it is found that if the petitioner is enlarged on bail, she
will not come into the association of any known criminal in absence of any criminal
history against her. Further it is also found that since two co-accused persons who are said
to be the main culprits have been enlarged on bail and therefore her further detention in
the Observation Home / Special Home may expose her to mental, moral, physical and
psychological danger to her life and therefore, it is conducive to give one opportunity to
the petitioner to come into the main stream of the society after enlarging her on bail.
8. In this backdrop the petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties of the like
amount each, to the satisfaction of learned Presiding Officer, Juvenile Justice Board,
Cr. Revision No. 52 of 2023
Lohardaga, in connection with Bhandra P.S. Case No. 28 of 2019, corresponding to G.R.
Case No. 605 of 2019(S), subject to the conditions as set out u/s 439 of the Cr.P.C. and
further subject to the conditions as stated below:-
i. One of the bailers will be her parents.
i. The father of the petitioner will give an undertaking that he will continue
the study of the child.
ii. The Legal-cum-Probation Officer shall also ensure that proper counselling
of the child in conflict with law is conducted intermittently in order to
facilitate her to continue her further studies.
iii. The father of the petitioner will give an undertaking that he will get the
child admitted in the school and he will take proper care of the child.
iv. The petitioner will co-operate in the trial /inquiry pending in the court
below; and will remain present on each and every date as and when required
by the Children Court, failing which appropriate order shall be passed for
the cancellation of the bail of the petitioner.
v. Any other condition or conditions as the learned court below may deem fit
and proper in the interest of the child.
9. Accordingly, this Criminal Revision application is allowed and the Judgment dated
07.12.2022 passed by the Court of Learned Additional Sessions Judge-1-cum- Special
Judge, Children Court, Civil Court Lohardaga, in Criminal Appeal No. 41 of 2022, vide
CNR No. JHLH01-001900-2022, and the order dated 14.10.2022, passed by the Presiding
Officer, Juvenile Justice Board, Lohardaga, in connection with Bhandra P.S. Case No. 28
of 2019, corresponding to G.R. Case No. 605 of 2019(S), are hereby set aside.
10. Let a copy of this order be sent to the Secretary, D.L.S.A., Lohardaga, in order to
ensure that the directions given in this order in the interest of the child in conflict with law
are complied.
J.Minj (Navneet Kumar, J.)
