Jharkhand High Court
Krish Oraon S/O Late Lilmohan Oraon vs The State Of Jharkhand ...... Opp. Party on 3 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1071 of 2024
....
1. Krish Oraon S/o Late Lilmohan Oraon, aged about 13 years, R/o
Station Toli, Lohardaga, PO and PS- Lohardaga, District-
Lohardaga, represented through his Grandmother Pushpa Devi age
about 66 years W/o Suman Oraon, R/o Station Toli, Lohardaga, PO
and PS- Lohardaga, District- Lohardaga
2. Sandeep Gidh, S/o Bhola Oraon, aged about 14 years, R/o
Karcha Toli, Lohardaga, PO and PS- Lohardaga, District-
Lohardaga, through his Mother Asha Lakra age 41 years W/o
Bhola Oraon D/o Pitar Lakra, R/o Village- Arkosa, PO and PS-
Arosa, District- Lohardaga
...... Petitioners
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioners : Mr. Altamash Khan, Advocate
For the State : Mrs. Nehala Sharmin, Spl. P. P.
.....
ORAL ORDER IN COURT
05/03.03.2025 Pursuant to the order dated 27.02.2025 passed by this
Court, Mr. Haris Bin Zaman, Superintendent of Police,
Lohardaga, Mr. Raj Kumar Mahato, Sub- Inspector of Police and
Mr. Sujeet Kumar, Sub-Inspector of Police are present before this
Court today.
2. This Court has apprised the Superintendent of Police,
Lohardaga to take care in the matter of involvement of minor
boys, who were aged around 13 and 12 years respectively at the
time of occurrence in the case instituted under Section 302 of the
Indian Penal Code as it appears to this Court that both the
juvenile-petitioners, who were aged around 13 and 12 years
respectively, were implicated at the time of institution of the FIR
and that to on the basis of confession of other juvenile Vikash
Oraon, aged around 15 years.
The Superintendent of Police, Lohardaga has assured
this Court that he will sensitize and direct the Investigating
Officers and all the concerned Police Stations in the district of
Lohardaga to take proper care in the case of implication of
boys/girls in age group like 12-13 years.
3. Under the circumstances, personal appearance of Mr.
Haris Bin Zaman, Superintendent of Police, Lohardaga, Mr. Raj
Kumar Mahato, Sub- Inspector of Police and Mr. Sujeet Kumar,
Sub-Inspector of Police are dispensed with for the present with
direction to take suitable steps in this regard and to sensitize the
local police officials in the district of Lohardaga.
4. The present Criminal Revision No. 1071 of 2024 has
been filed on behalf of the juvenile-petitioners under Section
102 of the Juvenile Justice (Care and Protection of Children) Act,
2015 challenging the judgment dated 10.06.2024 passed by
learned Additional Sessions Judge-I, Lohardaga-cum-Special
Judge (Children's Court), Lohardaga in Criminal Appeal No. 47
of 2024 whereby learned Additional Sessions Judge-I,
Lohardaga-cum-Special Judge (Children's Court), Lohardaga
has dismissed the appeal and rejected the prayer for bail of the
juvenile- petitioners and affirmed the order dated 07.05.2024
passed by the Principal Magistrate and the Members of Juvenile
Justice Board, Lohardaga in MCA No. 207 of 2024 in
connection with Lohardaga P. S. Case No. 182 of 2022 (s)
corresponding to G. R. No. 481 of 2023 instituted for the
offence under Section 302 of the Indian Penal Code, by which
prayer for bail of the juvenile-petitioners was rejected.
5. Heard learned counsel for the juvenile-petitioners and
learned Spl.P.P. for the State.
6. It is submitted by the learned counsel for the juvenile-
petitioners that the judgment and order passed by the learned
Courts below are illegal, arbitrary and not sustainable in the law.
It is submitted that both the juvenile-petitioners, who were aged
around 13 and 12 years respectively at the time of occurrence,
have committed no offence. It is submitted that the juvenile-
petitioners are innocent and have committed no offence. It is
submitted that the names of juvenile-petitioners has come in this
case on the basis of confessional statement of other juvenile
Vikash Oraon aged around 15 years. It is submitted that the
grandmother of the juvenile petitioner no. 1, Krish Oraon and
mother of the juvenile petitioner no. 2, Sandeep Gidh are ready
to take care and the custody of the juvenile-petitioners. It is
submitted that the juvenile-petitioners are in custody since
03.07.2023 and as such, they may be enlarged on bail.
7. On the other hand, learned counsel for the State has
vehemently opposed the prayer for bail and has submitted that
the name of juvenile-petitioners has come in this case on the
basis of confessional statement of other juvenile Vikash Oraon. It
is further submitted that on the basis of confessional statement of
other juvenile Vikash Oraon, the wire used in throttling the neck
of the deceased was recovered and the said recovery has been
made in the presence of the juvenile-Vikash Oraon, who has
named them as his accomplish in committing the offence and as
such, the prayer for bail of both the juvenile-petitioners may be
rejected.
8. Heard learned counsel for the both the sides and perused
the Lower Court Records of the case and the case diary and the
Social Investigation Report of the petitioner and considered the
submission of both the sides.
9. It appears that Binod Kumar Asur has lodged the FIR
against unknown persons on 05.08.2022 for committing murder
of his father namely Devnath Asur.
10. It further appears from perusal of the case diary that
during course of investigation, the Investigating Officer has
recorded the statement of one Janak Sahu on 12.08.2022, which
finds place at para-25 of the case diary, who had shown suspicion
against the juvenile -petitioners and the said Vikash Oraon.
11. It further appears that statement of the said Janak Sahu
was recorded on 12.08.2022 i.e. after seven days from instituting
the FIR i.e. on 05.08.2022 and thereafter other juvenile Vikash
Oraon was apprehended by the police on 25.08.2022 and his
confessional statement was recorded on 25.08.2022, who had
alleged that both the juvenile-petitioners had assisted him in
committing the murder of the deceased namely Devnath Asur.
12. It further appears that that on 25.08.2022 during course
of supervision of this case and the police has found the case true
against the juvenile-petitioners.
13. At this stage, it is relevant to refer Section 83 of the
Indian Penal Code, which reads under:-
"Section 83 :- Act of a child above seven and under twelve of
immature understanding.--
Nothing is an offence which is done by a child above seven years
of age and under twelve, who has not attained sufficient maturity
of understanding to judge of the nature and consequences of his
conduct on that occasion."
14. It appears that both the juvenile-petitioners were aged
around 13 and 12 years respectively at the time of committing
offence and the police officials ought to have remained careful
while proceeding against the juvenile-petitioners, who have been
named after the gap of seven days by the local persons.
15. Even for the sake of presumption, it appears from the
entire circumstances of this case that the juvenile-petitioners at
best could have taken out the money from the pocket of the
deceased Devnath Asur, but their direct implication may not be
possible.
16. It is well settled that confession of co-accused cannot be
used against the confession of the juvenile-petitioners and even
the confessional statement is not admissible in law.
17. It further appears that the juvenile-petitioners have
suffered a lot.
18. It further appears that even the juvenile petitioners have
denied their involvement in the offence and there is nothing
adverse against the juvenile-petitioners in the Social
Investigation Report submitted by the Probation Officer,
Lohardaga.
19. Considering the facts and in the circumstances of the
case and considering the period of custody of the juvenile-
petitioners, the juvenile petitioner no. 1, Krish Oraon and the
juvenile petitioner no. 2, Sandeep Gidh are directed to be
released on bail in care and supervision of their Natural
Guardians and Grandmother namely Pushpa Devi and Mother
namely Asha Lakra respectively on furnishing bail bonds of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the Principal Magistrate,
Juvenile Justice Board, Lohardaga/or his Successor Court in
connection with Lohardaga P. S. Case No. 182 of 2022 (s)
corresponding to G. R. No. 481 of 2023 subject to condition that
the grandmother and mother of the juvenile- petitioners will
submit their respective mobile numbers and self-attested copy of
their Aadhar Card before the learned Court below, which they
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-petitioners as and when required.
20. Therefore, in view of the above, the judgment dated
10.06.2024 passed by learned Additional Sessions Judge-I,
Lohardaga-cum-Special Judge (Children's Court), Lohardaga in
Criminal Appeal No. 47 of 2024 and the order dated 07.05.2024
passed by the Principal Magistrate, Juvenile Justice Board,
Lohardaga in MCA No. 207 of 2024 in connection with
Lohardaga P. S. Case No. 182 of 2022 (s) corresponding to G. R.
No. 481 of 2023 are set aside.
21. Thus, the Criminal Revision No. 1071 of 2024 is
allowed and stands disposed of.
(Sanjay Prasad, J.)
Kamlesh/
