Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.428 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- MANIHARI District- Katihar ====================================================== XXX Son of Barun Kumar @ Varun Kumar Mandal R/v- Bauliya, P.S.- Manihari, District- Katihar Under the care and custody of his father natural guardian Barun Kumar @ Varun Kumar Mandal ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SULEKHA DEVI Wife of Rajesh Kumar R/o- Bauliya, Ward No. 15, P.S.- Manihari, Dist- Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr.Jagdhar Prasad For O.P. No.2 :

Sanjeev Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-01-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Name of the petitioner shown as 'XXX' in the cause title of this order.

The present revision application is being preferred against order/judgement dated 02.04.2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Katihar, in Criminal Appeal No. 05 of 2022 by which the learned Court refused to enlarge the petitioner on bail in connection with Manihari P.S. Case No. 222 of 2021 registered for offence under Section 376 (AB) of the Indian Penal Code and under Section 6 of POCSO Act, 2012.

2/4 The petitioner/revisionist, aged about 15 years 08 month and 22 days on the alleged date of occurrence i.e. 15.10.2021, is named in F.I.R., and is in custody/observation home since 03.12.2021.

The allegation against this petitioner is to commit rape upon the daughter of the informant.

Learned counsel appearing on behalf of the petitioner/revisionist submitted that petitioner has falsely been implicated in this case due to neighbourhood dispute and differences. It is submitted that medical report of the victim is not supporting the allegation against this petitoiner, as no internal injury was noticed during examination. It is further submitted that no adverse report has been gathered against this petitioner from social investigation report (SIR). Learned APP duly assisted by learned counsel appearing on behalf of the O.P. No.2, while opposing the prayer of bail, submitted that non finding of medical evidence does not lead to a conclusion ipso facto that rape was not committed upon.

Having regard to the submission and materials showing that the petitioner has been adjudged juvenile aged about 15 years 08 months and 22 days approximately on the

3/4 alleged date of occurrence, he has no criminal antecedent and the social investigation report of the petitioner is not showing any adverse material against him so as to dissuade this court for granting release of the petitioner on bail, as also that petitioner has remained in the Observation Home for more than one year and his father/mother is ready to stand as a surety and furnish an undertaking that if released on bail he will take care of the study of the petitioner and shall ensure that he does not fall in bad company and, in case, the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station as also following the spirit of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and in view of the exceptions carved out by the Hon'ble Division Bench of this Court in the case of Lalu Kumar and Ors.

Vs.

4/4 (iii) The release would defeat the ends of justice."

Accordingly, this court sets-aside the impugned order and directs release of the petitioner/revisionist on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, Katihar/concerned Court in connection with Manihari P.S. Case No. 222 of 2021.

One of the sureties should be the father of the petitioner/revisionist and he will also furnish an undertaking in terms stated here-in-above.

The Probation Officer shall keep on visiting the place of the petitioner and shall submit periodical report to the Juvenile Justice Board (J.J.B.), Katihar, regarding conduct of the petitioner. If found anything adverse against this petitioner/revisionist, the same will also be reported to the Board for necessary action.

(Chandra Shekhar Jha, J) R.S.Sen/- U T