Jharkhand High Court
D.K. @ Dhiraj Kumar @ Dheeraj Kumar ... vs The State Of Jharkhand on 7 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 753 of 2024
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D.K. @ Dhiraj Kumar @ Dheeraj Kumar (Juvenile-Z)
......Petitioner
Versus
1.The State of Jharkhand
2. Vijay Sao .......Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. A.K Kashyap, Senior Advocate
: Mr. Lalan Kumar Singh, Advocate
For the State : Mr. Vishwanath Roy, Spl.P.P
For the Informant : None
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Order No: 08/ Dated: 07.03.2025
This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
15.05.2024 passed by Sri Shatrunjay Kumar Singh, learned
Additional Sessions Judge-I-cum-Children Court, Hazaribagh in
Criminal Appeal No. 24 of 2024 by which the appeal filed on
behalf of the petitioner has been dismissed by rejecting the prayer
for bail of the petitioner thereby, affirming the order dated
19.03.2024 passed by learned Principal Magistrate, Juvenile
Justice Board, Hazaribagh by which the prayer for bail on behalf
of the petitioners has been rejected in connection with P.S Case
No. 07 of 2024 for the offence under Sections 302, 201, 34 of the
Indian Penal Code.
2. As per the F.I.R, it is alleged that the father of the
informant had lodged the F.I.R stating therein that both persons
namely Dheeraj Kumar (i.e. the petitioner), Rani Kumar Mehta,
Manish Mehta and Risham Kumar arrived at his house and took
his son in the name of eating Chowmein on 06.01.2024 but his son
did not return. During search, he could not be found. On
12.01.2024 it was informed by Kora Police Station that his son's
dead body was found near the well of Hadari School and hence,
the informant suspected that his friends as named in the F.I.R, had
killed his son and threw the dead body in the well.
3. Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State. However, none appears
on behalf of the informant, though, notice of this Criminal
Revision Application was served upon him.
4. Learned Senior counsel for the petitioner has submitted
that the petitioner is a juvenile and has not committed any offence.
It is submitted that the juvenile petitioner was aged around 16
years 5 months and 10 days on the date of occurrence. It is
submitted that the petitioner has been made accused on mere
suspicion and there is no evidence available at the instance. It is
submitted that the co-accused namely Manish Mehta has been
granted bail by the Co-ordinate Bench (Justice Subhash Chand, as
then His Lordship was) of this Court in B.A No. 4113 of 2024
vide order dated 25.07.2024.
It is further submitted that the case of the petitioner lies
on the same and similar as that of Manish Mehta and as such, the
petitioner may also be released on bail. It is submitted that the
father of the petitioner is ready to give proper undertaking and
take care of the petitioner. It is submitted that the petitioner is in
custody since 12.01.2024 and hence, he may be enlarged on bail.
5. On the other hand, learned counsel for the State has
opposed the prayer for bail.
6. It is submitted that the petitioner and three other accused
were last seen and the petitioner had also taken the deceased for
eating Chowmein. It is submitted that the petitioner has also
confessed his guilt and hence, the prayer for bail may be rejected.
7. Having heard learned counsel for both the sides and from
going through the records of this case, it appears that the petitioner
and three other co-accused had arrived at the house of the
informant on 06.01.2024 and took his son for eating Chowmein in
the Chowmein shop but his son did not return.
8. It appears that the petitioner has also confessed his guilt.
9. It appears from the order passed by the Juvenile Justice
Board, Hazaribagh on 03.08.2024 that the petitioner was aged
around 16 years 5 months and 10 days on the date of occurrence
and his case has been referred and transmitted before the learned
Children Court, Hazaribagh on 17.08.2024
10. Though, the Co-ordinate Bench (Justice Subhash Chand,
as then His Lordship was) of this Court had granted bail to the
co-accused Manish Mehta, but this Court respectfully differs from
the view taken by the Co-ordinate Bench.
11. This is a case of cold blooded murder of the deceased son
of the informant.
12. Although, the petitioner has been declared juvenile and
the co-accused has already granted bail by the Co-ordinate Bench
of this Court, this Court is not inclined to exercise discretion to
release the petitioner on bail in the light of provision of Section 12
of the Juvenile Justice (Care and Protection of Children) Act,
2015.
13. Thus, the prayer for bail of the petitioner namely D.K. @
Dhiraj Kumar @ Dheeraj Kumar is, hereby, rejected at this stage.
14. Accordingly, the judgment dated 15.05.2024 passed by
Sri Shatrunjay Kumar Singh, learned Additional Sessions Judge-I-
cum-Children Court, Hazaribagh in Criminal Appeal No. 24 of
2024 and the order dated 19.03.2024 passed by learned Principal
Magistrate, Juvenile Justice Board, Hazaribagh in connection with
P.S Case No. 07 of 2024 are upheld.
15. Thus, this Criminal Revision No. 753 of 2024 is
dismissed.
16. However, the learned Court below is directed to conclude
the trial as expeditiously as possible.
17. Let a copy of this order be sent to the learned Court
below.
(Sanjay Prasad, J.)
Avinash/
