Jharkhand High Court
Xxx vs The State Of Jharkhand ... ... Opposite ... on 9 August, 2024
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 470 of 2024
XXX
... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Awnish Shankar, Advocate
For the Opp. Party : None
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07/09.08.2024 Heard the learned counsel for the petitioner.
2. Nobody appears on behalf of the State.
3. This criminal revision petition has been filed for the following
reliefs:
"That the instant Criminal Revision is directed against the judgment dated
30.03.2024 passed in Cr. Appeal (Juvenile) No. 17/2024 by Sri Shatrunjay
Kumar Singh, Ld. Addl. Sessions Judge- I cum-Children's Court,
Hazaribag, by which order the said Ld. Court has refused the bail
application referred by the juvenile and further affirmed the order dated
23.03.2024 passed in Barkatha P.S. Case No. 237/2023 by Principal
Magistrate, J.J. Board, Hazaribag, consequently Cr. Appeal (Juvenile) No.
17/2024 has been dismissed, arising out of Barkatha P.S. Case No.
237/2023 for allegedly committing offence U/s 420/385/467/468/471/34
IPC and 66C/66D/67 of I.T Act, charge sheet has been submitted U/s
420/385/467/468/471/34 & of IPC and U/s 66C/66D/67 of I.T Act, now
pending in the Court of Pr. Magistrate, Juvenile Justice Board,
Hazaribagh."
4. Learned counsel for the petitioner submits that the petitioner is
in custody for about 7 months and the co-accused who were major
have been granted bail by the Court concerned. He has also submitted
that no victim had come forward to say that her picture was uploaded
in the website or they have been cheated by defrauding money.
5. After hearing the learned counsel for the petitioner, this Court
finds that there are serious allegations against the petitioner and the
phone used for the purposes of circulating objectionable pictures of
girls has been recovered.
6. This Court finds that the learned Courts have taken into
consideration the nature of allegation and also the social investigation
report, which indicated that the child is not interested in studies and
has lure towards money. It has also come in social investigation report
that there is lack of proper guidance and control of parents. The
learned Courts have further recorded that as per the social
investigation report, the petitioner was in bad company and
association which was the cause of problem and there was a likelihood
that if the petitioner is released on bail, he will be further exposed to
moral, physical and psychological danger and will fall into association
of known criminal elements. The learned Courts have refused to
enlarge the petitioner on bail by observing that it was not in the
interest of the petitioner himself to be enlarged on bail, rather his best
interest would be served if he is kept in the observation home. The
learned Courts have also considered that the consideration for grant of
regular bail to adults is totally different from consideration of bail to
juvenile.
7. This Court has gone through the impugned orders and is of the
view that the impugned orders do not suffer from any illegality or
perversity so far as the grant of bail to petitioner- juvenile is
concerned. This Court finds no reason to interfere with the impugned
orders. However, it is observed that the enquiry against the petitioner
be expedited.
8. The State is directed to ensure prompt production of witnesses
before the learned Juvenile Justice Board.
9. This criminal revision petition is accordingly dismissed.
10. Since the learned counsel for the State is not present, let a copy
of this order be forwarded to the office of learned Advocate General
for compliance.
11. Name and other details of the petitioner should reflect as 'XXX'
in this order to be uploaded in the official web-site of this Court.
12. Let a copy of this order be communicated to the court
concerned through 'FAX'.
(Anubha Rawat Choudhary, J.)
Pankaj
