Jharkhand High Court
Krishna Oraon vs The State Of Jharkhand .... ...Opp. ... on 8 February, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.1450 of 2023
Krishna Oraon .... ...Petitioner
Versus
The State of Jharkhand .... ...Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
For the Petitioner : Mr. Ritesh Kumar, Advocate
For the State : Mr. Anup Pawan Topno, A.P.P.
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Order No. 05/ dated 08.02.2024
Learned Counsel Mr. Ritesh Kumar on behalf of the
petitioner and on behalf of the State, learned A.P.P. are present.
2. The instant Cr. Revision is directed against the
Judgment/Order dated 03.10.2023 passed by the learned Special
Judge (Children's Court), Gumla in Cr. Appeal No. 50 of 2023
whereby the Appellate Court dismissing the appeal has affirmed
the order dated 28.08.2023 passed by the learned Principal
Magistrate, Juvenile Justice Board, Gumla in Sisai P.S. Case No.
134 of 2022, corresponding to G.R. No.345 of 2022 wherein the
bail application of the petitioner has been rejected.
3. The brief facts leading to this Cr. Revision are that the F.I.R.
of this case was lodged by the father of the victim with these
allegations that his minor daughter was missing from the house
and came to know that she was enticed away by one Krishna
Oraon with intent to have illicit relation with her.
4. On this written information case crime No. 134 of 2022 was
registered under Section 366-A of IPC against Krishna Oraon.
5. The I.O. conducted the investigation and recorded the
restatement of the informant in para 2 of the case diary in which
he reiterated all the allegations made in the written information.
In para 5 the mother of victim, in para 6 the uncle of the victim
and in para 7 maternal grandfather of victim have corroborated
the prosecution story.
6. In view of para 40 of the case diary the I.O. recovered the
victim and the CCL as well from J.M.B. Bricklin, Bakra, Pawapuri
at District Nalanda. The victim in her statement under Section
161 & 164 of Cr.P.C. stated that she and CCL both were friends
for last 3-4 years and their friendship developed into love affairs
and both left Ranchi for Shimla. Thereafter went to Nalanda and
both were nabbed from J.M.B. Bricklin by the police.
7. In view of para 62 of the case diary for medical examination
the mother of victim refused. As such victim was not medically
examined.
8. So far as the Social Investigation Report of the CCL is
concerned in the impugned order itself passed by the learned
Appellate Court that there is nothing to show that the CCL would
mingle with any antisocial element rather it is stated that he is in
company of the same age group. As per neighbourhood report
there is no complaint against the CCL.
9. It is the settled law that the bail application of a juvenile is
to be disposed of in view of the provisions of Section 12 of the
J.J.Act, 2015 in which it is provided that ordinarily the bail
application of a juvenile should be allowed except the three
circumstances as shown in proviso of the said section. While
disposing of the bail application of a juvenile, the gravity and
nature of the offence cannot be taken into consideration rather it
is the Social Investigation Report of the C.C.L. which is to be
considered.
10. Herein the Section 12 of the J.J. Act, 2000 is reproduced
as under:
Section 12. Bail to a person who is apparently a
child alleged to be in conflict with law.-(1) When
any person, who is apparently a child and is alleged
to have committed a bailable or non-bailable offence,
is apprehended or detained by the police or appears
or brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail
with or without surety or placed under the
supervision of a probation officer or under the care of
any fit person:
Provided that such person shall not be so released
if there appears reasonable grounds for believing that
the release is likely to bring that person into
association with any known criminal or expose the
said person to moral, physical or psychological
danger or the person's release would defeat the ends
of justice, and the Board shall record the reasons for
denying the bail and circumstances that led to such
a decision.
(2) When such person having been apprehended is
not released on bail under sub-section (1) by the
officer-in-charge of the police station, such officer
shall cause the person to be kept only in an
observation home 1[or a place of safety, as the case
may be,] in such manner as may be prescribed until
the person can be brought before the Board.
(3) When such person is not released on bail
under sub-section (1) by the Board, it shall make an
order sending him to an observation home or a place
of safety, as the case may be, for such period during
the pendency of the inquiry regarding the person, as
may be specified in the order.
(4) When a child in conflict with law is unable to
fulfil the conditions of bail order within seven days of
the bail order, such child shall be produced before
the Board for modification of the conditions of bail.
11. In view of the allegations made in the F.I.R. and also taking
into consideration the evidence collected by the I.O. and the
Social Investigation Report of the petitioner, the impugned
Judgment passed by the learned both the courts-below are found
to be based on perverse finding and need interference.
Accordingly, this Cr. Revision deserves to be allowed.
12. This Cr. Revision is allowed. The impugned order passed by
the Juvenile Justice Board which was affirmed by the learned
Appellate Court is set aside.
13. The CCL is directed to be released on bail on furnishing
bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) and
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate 1st Classs-cum-Principal Magistrate,
Juvenile Justice Board, Gumla in connection with Sisai P.S. Case
No. 134 of 2022, corresponding to G.R. No. 345 of 2022 on behalf
of his guardian. In addition, the guardian of the juvenile would
give an undertaking that he would keep vigil eye upon the CCL
and would control him from coming in association of known
criminals.
(Subhash Chand, J.)
P.K.S.
