Jharkhand High Court
Prem Bhagat vs The State Of Jharkhand . ........ Opp. ... on 5 June, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:14503
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.513 of 2025
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Prem Bhagat, S/o Rajkishor Bhagat, aged about 15 years, R/o Bagru, P.O.
& P.S. Bagru, District Lohardaga. Represented through Bina Devi W/o
Rajkishore Bhagat aged about 51 years, R/o Bagru, P.O. & P.S. Bagru,
District, Lohardaga. .......... Petitioner(s).
-Versus-
The State of Jharkhand . ........ Opp. Party.
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner(s) : Mr. Shahid Yunus, Advocate
For the State : Mr. Shiv Shankar Kumar, APP.
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th
02/Dated: 05 June, 2025
Heard learned counsel for the parties.
2. The present revision application has been filed for quashing and
setting aside the judgment pronounced in Criminal Appeal No.49/2024
passed by learned Additional Sessions Judge-I, Lohardaga-cum-Special
Judge, Children Court, Lohardaga vide order dated 23.07.2024,
whereby and whereunder Criminal Appeal No.49/2024 preferred on
behalf of petitioner/juvenile against order dated 18.05.2024 passed by
learned Principal Magistrate Juvenile Justice Board, Lohardaga in
Criminal Misc. Application No.648 of 2024 in connection with Bagru
P.S. Case No.05 of 2024(S) with G.R. No.205/2024 for the offence
under Section 341, 323, 342, 363, 366A, 376D of the IPC and section 6
& 8 of POCSO Act and the same was dismissed by learned Additional
Sessions Judge-I-cum- Special Judge (Children Court) Lohardaga.
3. The juvenile is aged about 15 years, who is in custody since
25.02.2024 has approached this Court for his release on bail through is
mother, who is ready and willing to keep this juvenile under her proper
care and custody. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no offence
as alleged in the F.I.R. and he has been falsely implicated in this case.
It is further submitted that there is no adverse remarks has been made
against the petitioner in social investigation report and the statement
under Section 164 of Cr.P.C. has stated that petitioner tried to save her
from co-accused and no allegation of sexual assault was alleged against
him. He also submits that there is no criminal antecedent against this
petitioner. It is further submitted that similarly situated co-accused
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2025:JHHC:14503
persons namely, Parmeshwar Mahto & Bandhanu Oraon @ Bandhan
Oraon have already been granted bail by the coordinate bench of this
Court vide order dated 20.09.2024 in B.A. No.5849/2024 & B.A.
No.6621 of 2024.
4. Learned APP has vehemently opposed the prayer for bail of the
juvenile.
5. Having regard to the facts of the case, I am inclined to grant
privilege of bail to the petitioner. Accordingly, the petitioner is directed
to be release on bail on his furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of this like amount each to the
Satisfaction of learned Principal Magistrate, Juvenile Justice Board,
Lohardaga in connection with Bagru P.S. Case No.05 of 2024(S) with
G.R. No.205/2024 subject to the condition that one of the bailors must
be the mother of the petitioner.
6. Further, the concerned Probation Officer is directed to report,
once in a month to the Juvenile Justice Board, Lohardaga regarding up
keeping of minor. The Board is at liberty to take the juvenile in
custody, if anything adverse is reported against the juvenile.
7. Accordingly, the instant criminal revision is allowed and the
impugned judgment and order 23.07.2024 passed by learned Additional
Sessions Judge-I, Lohardaga-cum-Special Judge, Children Court,
Lohardaga in Criminal Appeal No.49/2024, is hereby, set aside.
(Deepak Roshan, J.)
Sandeep/Rahul
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