Jharkhand High Court
Nita Kumari vs The State Of Jharkhand ... .. Opp. Party on 27 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 122 of 2025
....
Nita Kumari, aged about 15 years old, D/O Sikandar Sao through her
Natural Guardian Sunita Devi (mother), wife of Sikandar Saw, both
are resident of Sondag, P.O. & P.S. - Ranka, District Garhwa.
... .. Petitioner
Versus
The State of Jharkhand ... .. Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Sabyansanchi, Advocate
For the State : Mr. Shailesh Kumar Sinha, A. P. P.
Order No. 06/27th February 2025
1. The instant Cr. Revision Application has been filed by the
petitioner challenging the judgment dated 30th July 2024 passed in
Cr. Appeal No. 29 of 2024 by Sri Santosh Anand Prasad, learned
Additional Sessions Judge- I - cum- Special Judge, Children
Court, Garhwa by which the appeal filed by the petitioner has been
dismissed thereby affirming the order dated 17.05.2024 passed by
the Juvenile Justice Board, Garhwa, in connection with Ranka P.S.
Case No. 17 of 2024 corresponding to G.R. No. 583A of 2024
instituted under Section 364 /34 of the Indian Penal Code and later
on Section 302, 201, 364 / 120B of the Indian Penal Code were
added by which the bail of the petitioner was rejected.
2. Learned counsel for the petitioner-Juvenile submitted that
the petitioner is innocent and has committed no offence. It is
further submitted that name of the juvenile has come on the basis
of confessional statement of her father namely, Sakendra Sao. It is
submitted that her father namely Sakendra Sao and Bima Kumari,
(i.e. step mother of the petitioner) have been acquitted vide
judgment dated 07.02.2025 passed by Sri Nalin Kumar, learned
Sessions Judge, Garhwa in S. T. No. 164 of 2024. It is submitted
that the petitioner is in custody since 08.02.2024 and hence, she
may be enlarged on bail.
3. On the other hand, learned APP has opposed the prayer of
the petitioner for bail. It is further submitted that the petitioner has
also connived with her father and it is a case of death of four years
boy and which is duly supported by several witnesses in their
statement recorded under Section 161 of the Cr.P.C. and hence,
prayer for bail may be rejected.
4. Perused the record of this case and also the judgment
dated 07.02.2025 passed in Sessions Trial No. 164 of 2024 by Sri
Narin Kumar, learned Sessions Judge, Garhwa.
5. It appears that the Informant Rani Devi had lodged the
FIR against three persons namely, Love Saw, Sakendra Sao and
Bima Kumari for kidnapping her four years old child namely,
Vishnu Kumar.
6. It appears from the records of this case and judgment
dated 07.02.2025 that name of the juvenile-petitioner has come on
the basis of confessional statement of her father Sikandar Sao and
the said Sikandar Sao has already been acquitted in S.T. Case No.
164 of 2024 by the learned Sessions Judge, Garhwa along with
one Bima Kumari (i.e., step mother of the petitioner) vide
judgment dated 07.02.2025.
7. Considering the facts and in the circumstances of the case
and considering the period of custody of the juvenile-petitioner
and the fact that the father and steps mother of the juvenile
petitioner i.e. Sakendra Sao and Bima Kumari have been acquitted
by the learned Sessions Judge, Garhwa, the juvenile petitioner-
Nita Kumari is directed to be released on bail in care and
supervision of her Natural Guardian and Mother namely Sunita
Devi on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Principal Magistrate Juvenile Justice Board,
Garhwa, in connection with Ranka P.S. Case No. 17 of 2024
corresponding to G.R. No. 583A of 2024 subject to condition that
the mother of the juvenile- petitioner will submit her mobile
number and self-attested copy of her Aadhar Card before the
learned Court below, which she will always keep active and will
not change it, during the pendency of this case, without prior
permission of the Court and shall produce the juvenile-petitioner
as and when required.
8. Therefore, in view of the above, the judgment dated 30th
July 2024 passed in Cr. Appeal No. 29 of 2024 by Sri Santosh
Anand Prasad, learned Additional Sessions Judge- I - cum-
Special Judge, Children Court, Garhwa and the order dated
17.05.2024 passed by the Juvenile Justice Board, Garhwa, in
connection with Ranka P.S. Case No. 17 of 2024 corresponding to
G.R. No. 583A of 2024 are set aside.
9. Thus, the Criminal Revision No. 122 of 2025 is allowed
and stands disposed of.
(Sanjay Prasad, J.)
Aditi
