Miraj Ansari v. The State of Jharkhand
Case Details
1 Cr. Revision No.779 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.779 of 2022 Meraj Ansari @ Miraj Ansari Versus The State of Jharkhand ..... Petitioner …. Opposite Party CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the petitioner For the State For the Informant : : :
Legal Reasoning
Mr. Amit Kr. Das, Advocate Ms. Snehlika Bhagat, APP Mr. Indrajit Sinha, Advocate Mr. Akhouri Awinash Kumar, Advocate ----- 5/03.03.2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State assisted by learned counsel appearing on behalf of the informant. This criminal revision is filed by the petitioner against the order dated 02.07.2022 passed by learned Spl. Judge Children's Court, Dhanbad, in Criminal Appeal No. 66 of 2022 whereby and whereunder the learned appellate Court dismissed the appeal filed by the petitioner and upheld the order dated 07.06.2022 passed by the Principal Magistrate, Juvenile Justice Board, Dhanbad, in connection with Govindpur P.S. Case No. 310 of 2021, corresponding to G.R. No.930 of 2022, registered under Sections 376, 354, 341, 342, 504 all read with 34 of the Indian Penal Code, whereby and whereunder the application for grant of bail filed by the petitioner was rejected. It has been submitted on behalf of the petitioner that no offence as alleged in the FIR is made out, as evident from the FIR itself, where, inter alia, it is admitted by the informant (victim) that after getting married with the petitioner, she went to her in-laws’ place and thereafter there was a demand of dowry and due to non-fulfillment of the demand of dowry, the father-in-law and other members of in-laws’ family started causing cruelty and torture with her and as such it is submitted on behalf of the petitioner that it is a pure case of matrimonial dispute, if any, between the parties and the offences as alleged in the FIR are not made out. 2 Cr. Revision No.779 of 2022 It has further been pointed out that this petitioner is juvenile in conflict with law and he is in jail since 27th August 2021 as appears from the order dated 07.6.2022 passed by the Juvenile Justice Board, Dhanbad. It has further been pointed out that in the Social Investigation Report, there is no adverse report against this petitioner and therefore it is urged on behalf of the petitioner that let the child in conflict with law be given one opportunity to come into the mainstream of the society by enlarging him on bail. On the other hand, learned APP appearing on behalf of the State assisted by learned counsel appearing on behalf of the informant opposed the contentions raised on behalf of the petitioner and submitted that it is a heinous offence and at first the petitioner is alleged to have committed rape with the informant and thereafter, a panchayati was convened, where both got married and after being married, she went to her in laws’ place (sasural), where she was caused cruelty and torture by several means for want of demand of dowry and therefore the petitioner does not deserve to be enlarged on bail. Having heard the parties, perused the record of this case. It is found that the petitioner is a child in conflict with law. It is admitted case of the prosecution, which is evident from the statement as recorded under section 164 of the Cr.P.C., that this petitioner got married with informant and after marriage, she went to her matrimonial home, where she was maltreated and harassed by the members of the in-laws’ family for the non-fulfillment of demand of dowry. From the Social Investigation Report, it is found that there is no adverse report and there is no criminal history against this petitioner and therefore, if the petitioner is released on bail, possibility of coming into the association with the known criminals is very remote. Further it is found that the petitioner is in jail since 27.08.2021 for such a long period and therefore his further detention in the jail would expose him to mental, moral, physical and psychological danger. It has also come in the Social Investigation Report that in the 3 Cr. Revision No.779 of 2022 year 2021, the petitioner has passed matriculation examination and admitted in the 12th class and therefore under these facts and circumstances of this case, it is found that one opportunity must be given to this petitioner to come into the mainstream of the society. In the backdrop of this case, this Court finds that it is just and proper to enlarge the petitioner on bail. Accordingly this petitioner Meraj Ansari @ Miraj Ansari is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Govindpur P.S. Case No. 310 of 2021, corresponding to G.R. No.930 of 2022, subject to the conditions as laid down u/s 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) The Secretary, DLSA is directed to take proper steps for counseling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attains the school and continue with his studies; (iv) Any other condition or conditions as the learned Court below may deem it fit and proper in the interest of child. Let a copy of this order be communicated to the Secretary, DLSA, Dhanbad, the Principal District & Sessions Judge, cum- Chairman, DLSA, Dhanbad and Deputy Commissioner-cum Vice Chairman, DLSA, Dhanbad through FAX to ensure that the Secretary, 4 Cr. Revision No.779 of 2022 DLSA complies the direction in letter and spirit as passed by this Court. Accordingly, this Criminal Revision application is allowed by setting aside the order dated 02.07.2022 passed by learned Spl. Judge Children's Court, Dhanbad, in Criminal Appeal No. 66 of 2022 and order dated 07.06.2022 passed by the Principal Magistrate, Juvenile Justice Board, Dhanbad, in connection with Govindpur P.S. Case No. 310 of 2021, corresponding to G.R. No.930 of 2022. R.Kumar (Navneet Kumar, J.)