Jharkhand High Court
Rahul Kumar @ Rahul Agarwal vs The State Of Jharkhand ... ..Opp. Party on 30 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 269 of 2024
Rahul Kumar @ Rahul Agarwal, son of Vikash Kumar Agarwal @ Vikash
Agarval, R/o village Sanghrwa (Satgharwa) PO: Jindapur, PS- Zindapur,
District- Gaya/Bihar; represented by his father-Vikash Kumar Agarwal @
Vikash Agarval, son of Dukhan Prasad Agarwal, R/o Village Sanghrwa
(Satgharwa) PO : Jindapur, PS- Zindapur, District Gaya/Bihar.
.. .. ..Petitioner
--VERSUS--
The State of Jharkhand ... ..Opp. Party
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner :Mr. B.M. Tripathi, Sr. Advocate;
Mr. Nutan Kumari Sharma, Advocate;
Mr. Naveen Kumar Jaiswal,Advocate
For the State :Mrs. Nehala Sharmin,SPP
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09/Date: 30-09-2024
On call, the learned counsels for the parties have appeared.
The learned counsel for the petitioner tenders certified copy of the
deposition of the victim girl.
Taken on Board.
The instant Criminal Revision is directed against the judgment dated
16/02/2024 passed by the learned Additional Sessions Judge-1 -cum- Special Judge,
Children Court, Lohardaga in Cr. Appeal No. 12 of 2024 which was preferred against
the order dated 1.2.2024 passed by the learned Juvenile Justice Board, Lohardaga in
Misc. Cr. Application No. 2138 of 2023 passed in Lohardaga PS Case No. 153 of 2023
corresponding to GR Case No. 629 of 2023 whereby and whereunder prayer for bail of
the petitioner-juvenile was rejected and Cr. Appeal Case No. 12 of 2024 was
dismissed.
The instant case was lodged on the basis of written report of the
informant stating and alleging therein that his daughter aged about 13 years on
8.6.2023 had been to Bank of India, Upper Bazar Branch, Lohardaga and she left the
Bank at about 11 a.m. after completion of her work. In course of that the petitioner,
who is resident of Gaya Panchanan, had taken the daughter of informant away.
The learned counsel for the petitioner has submitted that the petitioner
has already spent about half of the maximum imposed sentence of three years as he is
in custody since 14.6.2023. The learned counsel for the petitioner has further stated
that the victim herself has been declared hostile as in paragraph nos. 13,14,15 and 21
of her deposition she has deposed that nobody had enticed her to flee and she does
not know any boy of the name of Rahul Agarwal and also she has not lodged the
present case and if the case of the juvenile Rahul Agarwal is allowed she has no
objection because she does not know him. He has further stated that social
investigation report also says that for the development and rehabilitation of the
petitioner-juvenile guidance of his parents is required.
The learned counsel for the State has opposed the prayer made in this
criminal revision and submitted that serious offence of sexual nature was
committed by this petitioner.
Having heard the learned counsel for the petitioner as well as the
learned counsel for the State, noted the submissions, the depositions of the victim
and the recommendations as made by the Probation Officer, it is prudent or proper
to release the juvenile in conflict with law on bail. Accordingly, present petitioner,
named above, is ordered to be released on bail, on executing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like
amount each to the satisfaction of the learned Juvenile Justice Board, Lohardaga in
Misc. Cr. Application No. 2138 of 2023 passed in Lohardaga PS Case No. 153 of
2023 corresponding to GR Case No. 629 of 2023, subject to the conditions that (i)
the petitioners-juvenile shall attend each and every date of inquiry before the
Juvenile Justice Board, Lohardaga.
Thereafter further:-
(i) the parents of the petitioner-juvenile will give assurance or
undertaking that they will take proper care of their child and also continue with his
studies and if possible, get him admitted in a school or vocational institution with
the help of Secretary, DLSA, Lohardaga. The Secretary, DLSA, Lohardaga will
also take steps for counseling of the juvenile in conflict with law in every three
months'.
(ii) any other condition, the learned Court-below may think fit and
proper.
Accordingly, the judgment dated 16/02/2024 passed by the learned
Additional Sessions Judge-1 -cum- Special Judge, Children Court, Lohardaga in
Cr. Appeal No. 12 of 2024 and the order dated 1.2.2024 passed by the learned
Juvenile Justice Board, Lohardaga in Misc. Cr. Application No. 2138 of 2023
passed in Lohardaga PS Case No. 153 of 2023 corresponding to GR Case No. 629
of 2023 are set aside.
Consequently, Cr. Revision No. 269 of 2024 is allowed and disposed
of.
(Ratnaker Bhengra, J.)
KNR
