Ramesh Munda The State of Jharkhand v. …
Case Details
1 Cr. Revision No.120 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.120 of 2023 Ramesh Munda The State of Jharkhand Versus ..... …. Petitioner Opp. Party
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner For the State : : ----- Mr. Vikash Kumar, Advocate Mr. Subodh Kumar Dubey, APP 3/10.05.2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. It has been submitted by learned counsel appearing on behalf of the petitioner that this criminal revision application is directed against the order dated 30.11.2022 and 03.01.2023, wherein learned Principal District and Sessions Judge, Seraikella Kharsawan in Criminal Appeal (Bail) No. 36 of 2022, vide order dated 03.01.2023 has dismissed the Appeal by affirming the order dated 30.11.2022, passed by learned Principal Magistrate, J.J. Board, Seraikella, wherein the Court of the Learned Principal Magistrate, J.J. Board, Seraikella, has rejected the prayer of the bail of the petitioner vide order dated 30.11.2022 in connection with Chandil P.S. case No. 166 of 2022, corresponding to G.R. Case No. 579 of 2022, registered for the offences under Section 376 of the Indian Penal Code and the case is now pending before the Court of the Learned Juvenile Justice Board, Seraikella. 3. It is submitted on behalf of the petitioner that the gist of the allegations as set out in the FIR is that the petitioner has enticed the informant, who is 30 years old, established the physical relationship by which the informant become pregnant and further it was alleged that the petitioner had been threatening and pressurizing her for abortion. 4. It has been submitted on behalf of the petitioner that the petitioner is a child in conflict with law aged about 16 years and the 2 Cr. Revision No.120 of 2023 informant is aged about 30 years old at the time of commission of the offence. It has also been pointed out that the informant, who is married woman and her husband is Ram Singh Sardar and he has three children as evident from the order dated 30/11/2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Seraikella- Kharsawan. It has further been pointed out that this petitioner is in custody since 02.08.2022 and the case is still pending for the trial and no witness has been examined on behalf of the prosecution and therefore it is urged on behalf of the petitioner that let him be enlarged on bail. 5. On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that it is an offence under section 376 of the IPC and it is pointed out from the medical examination report of the victim that it appears that she was pregnant of 36 weeks, although there was no sign of any forceful act of committing rape and therefore the petitioner does not deserve to be enlarged on bail. 6. Having heard the parties, perused the record of this case. 7. It is found that the petitioner is child in conflict with law aged about 16 years. The informant victim is major aged about 30 years old and she is said to have been married and having three children. It is also found from her statement recorded under Section 164 of the Cr.P.C. that it was a consensual physical relationship between both of them and therefore she has become pregnant. It has also been stated by the informant that this petitioner had given promise to marriage with her and he used keep her in proper manner. From the social investigation report, it appears that this petitioner has been a cordial relationship with his father and neighbours and there is no adverse report against him. It is also found that it has been opined by the District Children Protection Officer that this petitioner being a child has been misused by a 30 years married woman, who has also two children for the last 3 Cr. Revision No.120 of 2023 five years and this petitioner can be handed over to his father for his further studies and for bright future. 8. In this backdrop of this case, it is found that if the petitioner is enlarged on bail he will not come into the association of known criminals in absence of any criminal background. Further it is found from the observation in the social investigation report about his good and proper behaviour with his peer children and friends. Further it is also found that the child in conflict with law is aged about 16 years and he is in custody since 02/08/2022 and therefore his further detention in the observation home might cause him mental, moral, physical and psychological danger to his life and therefore in the interest of justice, one opportunity is given to the petitioner to come into the mainstream of the society. 9. Accordingly, this petitioner Ramesh Munda is directed to be enlarged 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 the court of learned Principal Magistrate, J.J. Board, Seraikella in connection with Chandil P.S. case No. 166 of 2022, corresponding to G.R. Case No. 579 of 2022, subject to the conditions as laid down under Section 439 of Cr.P.C. and further subject to the conditions, inter alia as under: (i) The father of the petitioner will be one of the bailers; (ii) The father of the petitioner will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies; (iii) Petitioner will cooperate in the trial / inquiry and he will remain present on each and every date before the learned Juvenile Justice Board and the I.O. as and when required by them. (iv) The Secretary, DLSA is directed to take proper steps for counseling of the child and also facilitate 4 Cr. Revision No.120 of 2023 him to get him admitted in a school and also to ensure that he properly attends the school and continue with his studies with the help of Legal cum probation officer. (v) Any other condition or conditions as the learned Court below may deem it fit and proper in the interest of child. 10. Let a copy of this order be communicated to the Secretary, DLSA, Seraikella-Kharsawan, the Principal District & Sessions Judge, Seraikella-Kharsawan-cum-Chairman, DLSA, Seraikella-Kharsawan and Deputy Commissioner-cum Vice Chairman, DLSA, Seraikella- Kharsawan through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court without any hindrances and obstacles. 11. Accordingly, this criminal revision is allowed and the order dated 30.11.2022 passed by learned Principal District and Sessions Judge, Seraikella Kharsawan in Criminal Appeal (Bail) No. 36 of 2022 and the order dated 03.01.2023 passed by learned Principal Magistrate, J.J. Board, Seraikella are set-aside. R.Kumar (Navneet Kumar, J.)