Jharkhand High Court
Krishna Kudada 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. 74 of 2024
Krishna Kudada, son of Rameshwar Kudada, R/o Ghaghidih Basti, PO and
PS Sakshi, Town Jamshedpur, Distt. East Singhbhum, (Jharkhand)
represented through his natural guardian, his father Rameshwar Kudada, son
of Bonj Kudada, R/o PO: Barakundiya, PS Muffasil, Barakundiya, Distt.
West Singhbhum (Jharkhand) .. .. ..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. L.C. N. Shahdeo, Advocate
For the State :Mr. Shailesh Kumar Sinha, APP
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04/Date: 30-09-2024
On call, the learned counsels for the parties have appeared.
The instant Criminal Revision is directed against the judgment dated
13/06/2023 passed by the learned Additional Sessions Judge-1 East Singhbhum,
Jamshedpur in Cr. Appeal No. 84 of 2023 which was preferred against the order dated
24.1.2023 passed by the learned Juvenile Justice Board, Jamshedpur in Children case
No. 08 of 2023, arising out of Bagbera PS Case No. 71 of 2022 whereby and
whereunder prayer for bail of the petitioner-juvenile was rejected.
The prosecution case as per written report of the informant cum father
of the victim, in brief, is that his minor daughter aged about 16 years is student of class
X. On 12- 05-2022 at about 06.00 p.m, his minor daughter went away from his house
without informing any of the family members by her Scooty bearing no. JH05S-6432
and when she did not return to her house then they started searching her and came to
know that one Krishna Kudada (petitioner) was in contact with his minor daughter and
they used to talk with each other. He has further alleged that he has full belief that the
said Krishna Kudada has enticed away his minor daughter. He has further alleged that
his minor daughter has also taken away ornaments and cash amount from her house.
The learned counsel for the petitioner has submitted that the even from
the FIR it is apparent that this petitioner has not committed any sexual offence upon
the victim rather the allegation of rape is against one Altaf. The petitioner had only
helped in enticing the victim girl. The petitioner has got no criminal antecedent.
Moreover, the petitioner has already spent two years and four months in custody
which may be considered. It appears from the social investigation report that the
juvenile-in-conflict with law wants to continue with his study and his parents also
want to take responsibility of the juvenile and get him free from the remand home.
The learned counsel for the State has opposed the prayer made in this
criminal revision and submitted that in her statement under section 161 Cr.P.C. The
victim has stated that this petitioner had taken her to various places and one Altaf has
committed rape upon her.
Having heard the learned counsel for the petitioner as well as the
learned counsel for the State, noted the submissions, the period of custody spent by
the petitioner 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 Children Court, Jamshedpur in
Children case No. 08 of 2023, arising out of Bagbera PS Case No. 71 of 2022 , subject
to the condition that (i) the petitioner-juvenile shall attend each and every date of
inquiry before the Children Court, Jamshedpur.
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, Jamshedpur. The Secretary, DLSA, Jamshedpur 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 13/06/2023 passed by the learned
Additional Sessions Judge-1 East Singhbhum, Jamshedpur in Cr. Appeal No. 84 of
2023 which was preferred against the order dated 24.1.2023 passed by the learned
Juvenile Justice Board, Jamshedpur in Children case No. 08 of 2023, arising out of
Bagbera PS Case No. 71 of 2022 are set aside.
Consequently, Cr. Revision No. 74 of 2024 stands allowed and
disposed of.
(Ratnaker Bhengra, J.)
KNR
