The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 849 of 2024 Pradeep Kumar Mandal, son of Sri Gopal Mandal, resident of Anugarh Nagar, Near Hanuman Mandir, PO & PS Dhansar, District Dhanbad through his natural guardian Father namely Gopal Mandal, son of Babu Lal Mandal, resident of Anurarh Nagar, Near Hanuman Mandir, PO & PS Dhansar, District Dhanbad. ... Petitioner The State of Jharkhand -Versus- … ... Opposite Party
Legal Reasoning
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner :- Mr. Lukesh Kumar, Advocate; Mr. Sidharth Sudhanshu, Advocate For the State :- Mrs. Priya Shrestha, SPP ... 03/12.09.2024: Both the counsels have appeared. The instant criminal revision is directed against the order dated 24.06.2024, passed in Criminal Appeal No. 94 of 2024, by the learned Special Judge, Children Court, Dhanbad, whereby and whereunder, the order dated 01.06.2024, passed in Dhanbad PS Case No. 225 of 2024 dated 07.05.2024, for the alleged offences under sections 304, 120-B, 34 of the Indian Penal Code, by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad, whereby the bail petition filed by the petitioner has been rejected, was affirmed, which is now pending in the Court of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad. The prosecution case, based on the written report of the informant, in brief, is that on 06.05.2024 her younger daughter Jiya Horo, aged about 15 years, student of De Nobli School, Bhuli in Class-IX, went to school. Her daughter Ishita Horo, aged about 19 years went to the school of her younger daughter at about 11:30 a.m. to take her back from school. The daughters were coming back from school by Scooty No. JH10-CD-5211. In the meantime, at about 12:00 p.m. one Scorpio vehicle bearing no. JH10-CU-7836 running in wrong side in speed of about 150 Km./ hr. lost his balance and jumped in next lane, in the lane of informant's daughter, near Asharfi Hospital, Dhanbad over eight lane road at HP petrol pump. Her both daughters jumped away in service lane by accident and died on spot. As per the version of the eye-witnesses, both the boys were making/ shooting reels and they were suggested for not doing such act but they were adamant and arrogant. The driver of the Scorpio is Rajiv Kumar Bharti, aged about 16 years and name of other boy is Pradeep Kumar Mandal, the petitioner herein. The name of owner of the vehicle is Govind Kumar Mandal. -2- The learned counsel for the petitioner has submitted that the learned Courts below have failed to take into consideration that the petitioner was only boarded on the vehicle and there is no need to have a valid license to board on the vehicle. This fact also transpires from the plain reading of the FIR that admittedly he was only accompanied the co-accused and was not driving the vehicle and hence, no case is made out under section 304 of the Indian Penal Code against the petitioner. The learned counsel has further submitted that the learned Courts below have also failed to take into consideration that the petitioner is a student of DAV High School, Dhanbad and he appeared in Annual Secondary Examination, 2024 and he is having good academic result. Hence, it cannot be said that the petitioner was roaming or adamant or was making reels while running the vehicle. Further, there is no recovery of any mobile phone from the possession of the petitioner nor there is any evidence that the petitioner was making reels or making any kind of video. The learned counsel has further submitted that the learned Courts below have also failed to take into consideration that the actual story is that there was some technical issue in the vehicle which led the vehicle to meet an accident. There is no report from any CCTV or any other device of the traffic police that the alleged vehicle was being run rashly or negligently. Therefore, the petitioner-juvenile may be granted privilege of bail. I have perused the social investigation report, which was called for and seen the recommendation, wherein it is indicated that the neighbours has told that the child is well-behaved, he is good in studies, he does not come into the objectionable association and the occurrence happened suddenly due to losing up control. It is also indicated in the recommendation that the petitioner had passed his matriculation examination in the year 2024 and his behaviour is otherwise normal. Learned counsel for the State has opposed the prayer for bail of the petitioner and has , however, submitted that whatever decision may be taken for the well-being of the child, taking into consideration the social investigation report. Having heard the learned counsel for the petitioner as well as the learned counsel for the State, noted the submissions, bearing the age of the petitioner-juvenile in mind and also the recommendations as made by the Probation Officer, it is prudent or proper to release the juvenile in conflict with law on bail. Accordingly, present petitioner, named above, is ordered to be released on bail, on executing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad, in connection with Dhanbad PS Case No. 225 of 2024, subject to the conditions that (i) father of the petitioner-juvenile will be one of the bailors (ii) father -3- of the petitioner-juvenile will give assurance or undertaking that he will take proper care of his child and also continue with his studies and if possible, get him admitted in an institution with the help of Secretary, DLSA, Dhanbad. The Secretary, DLSA, Dhanbad will also take steps for counseling of the juvenile in conflict with law in every three months' period and (iii) any other condition, the learned Court-below may think fit and proper. Accordingly, the order dated 24.06.2024, passed in Criminal Appeal No. 94 of 2024, by the learned Special Judge, Children Court, Dhanbad and the order dated 01.06.2024 passed in Dhanbad PS Case No. 225 of 2024 dated 07.05.2024 by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad are set aside. Consequently, Cr. Revision No. 849 of 2024 is allowed and disposed of. S.B. (Ratnaker Bhengra, J.)