Jharkhand High Court
Rajkumar Kherwar vs The State Of Jharkhand on 29 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.383 of 2024
....
Rajkumar Kherwar, aged about 14 years, Son of Balram Kherwar,
resident of Vilalge-Keonara, P.O. & P.S. Gumla, District-Gumla
(Jharkhand) through his mother Sulekha Devi aged about 35
years, wife of Balram Kherwar, resident of village- Keonara, P.O.
& P.S. Gumla, District- Gumla (Jharkhand)
......Petitioner
Versus
1. The State of Jharkhand
2. Silbester Kulu, S/o Diga Kulu, R/o- Kanbir Bhandar Toli
P.O.+ P.S.- Basia Dist-Gumla, Jharkhand
......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Mr. Ankit Apurva, Advocate
For the State : Mr. Saket Kumar, A.P.P
......
Order No.08/29.01.2025
The present Criminal Revision No.383 of 2024 has been
filed on behalf of the petitioner challenging the judgment dated
28.11.2023 passed in Cr. Appeal No.72 of 2023 by
Shri D.C. Awasthi, learned Spl. Judge (Children's Court), Gumla
by which appeal filed by the petitioner has been dismissed thereby
affirming the order dated 10.10.2023 passed by Juvenile Justice
Board comprising of Principal Magistrate, Gumla and Member in
connection with Basia P.S. Case No.79 of 2022 corresponding to
Spt. G.R. Case No.08 of 2023 (S.T. Case No.09/2023) instituted
for the offence under Section 302 of I.P.C.
2. Learned counsel for the juvenile petitioner submitted that
the petitioner is juvenile and has committed no offence. It is
submitted that that the co-accused Ramanand Kherwar, who was
the main assailant of the deceased victim lady, has been granted
bail in B.A. No.1408 of 2023 by the Co-ordinate Bench (Hon'ble
Mr. Justice Rajesh Kumar) of this Court vide order dated
26.04.2023.
3. It is submitted that Social Investigation Report of the
petitioner has been received and there is nothing adverse against
him. It is submitted that the petitioner is in custody since
30.09.2022 and hence he may be enlarged on bail.
4. Learned A.P.P has opposed the prayer for bail. It is
submitted that the juvenile petitioner was accomplice of the
co-accused Ramanand Kherwar and hence his prayer for bail may
be rejected.
5. Perused the records of this case and the Social
Investigation Report in this case of the petitioner and considered
the submissions of both the sides.
6. It appears that the informant namely Silbester Kulu has
lodged the FIR against the Tempo driver namely Ramanand
Kherwar and the present juvenile petitioner namely Rajkumar
Kherwar for causing death of his wife.
7. On perusal of the record it appears that the co-accused
Ramanand Kherwar has admitted during his confessional
statement that he had committed the murder of deceased victim
lady, who was wife of the informant.
8. It appears that said co-accused Ramanand Kherwar had
been granted bail by the Co-ordinate Bench (Hon'ble Mr. Justice
Rajesh Kumar) of this Court in B.A. No.1402 of 2023 who had
remained in custody only for a few months.
9. Considering, the custody of the petitioner and, on the facts
and the circumstances of this case, the juvenile petitioner
Rajkumar Kherwar is directed to be released on bail on furnishing
bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of
the like amount each to the satisfaction of the Principal Magistrate,
Juvenile Justice Board, Gumla.
10. The custody of the juvenile may be handed over to the
mother of the juvenile petitioner.
11. Accordingly, the judgment dated 28.11.2023 passed in
Criminal Appeal No. 72 of 2023 by Sri D.C. Awasthi,
Spl. Judge (Children's Court), Gumla and the order dated
10.10.2023 passed in Miscellaneous Criminal Application No.876
of 2023 by the Juvenile Justice Board are set aside.
12. Thus, this Criminal Revision No.383 of 2024 is allowed.
(Sanjay Prasad, J.)
Nishant/-
