Jharkhand High Court
Raj Bhagat vs The State Of Jharkhand . ........ Opp. ... on 5 June, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:14502
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.511 of 2025
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Raj Bhagat, S/o Madan Bhagat, aged about 14 years, R/o Niche Bagru
Hills, P.O. & P.S. Bagru District, Lohardaga, represented through Sushila
Devi W/o Madan Bhagat age about 41 years R/o Miche Bagru Hills, 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. Altamash Khan, Advocate
For the State : Mr. Manoj Kr. Mishra, APP.
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02/Dated: 05th 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.59/2024
passed by learned Addl. Sessions Judge-I, Lohardaga-cum-Special
Judge, Children Court, Lohardaga vide order dated 10.09.2024,
whereby and whereunder Criminal Appeal No.59/2024 preferred on
behalf of the petitioner/juvenile against order dated 18.05.2024 passed
by Learned Principal Magistrate Juvenile Justice Board, Lohardaga in
Criminal Misc. Application No.647/2024 in Connection with Bagru
P.S. Case No.05 of 2024 in connection with G.R. No.205/2024 for the
offence under Sections 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 14 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 Cr.P.C. has stated that petitioner tried to save her
from co-accused and no allegation of sexual assault was alleged against
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2025:JHHC:14502
him. He also submits that there is no criminal antecedent against this
petitioner. It is further submitted that similarly situated co-accused
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.
6. 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 in
connection with G.R. No.205/2024 subject to the condition that one of
the bailors must be the mother of the petitioner.
7. 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.
8. Accordingly, the instant criminal revision is allowed and the
impugned judgment and order 10.09.2024 passed by learned Addl.
Sessions Judge-I-cum-Special Judge, Children Court, Lohardaga in
Criminal Appeal No.59 of 2024, is hereby, set aside.
(Deepak Roshan, J.)
Sandeep/Rahul
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