1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 887 of 2024 Dadan Pandey, aged about 17 years, son of Arvind Pandey @ Arbind Pandey represented through his father and natural guardian Arvind Pandey @Arbind Pandey, resident of Housing Colony Road No-17 , Adityapur-1 Post Adityapur, Police Station Adityapur , District Seraikella Kharsawan …… Petitioner Versus 1. The State of Jharkhand 2. Guardian of Victim X …… Opposite Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Vikash Kumar, Advocate For the State : Mr. V.S.Sahay , A.P.P. ….. Order No. 10/ Dated:20.03.2025 This Criminal Revision has been filed on behalf of the petitioner under section 102 of the Juvenile Justice (Care and Protection of Children Act, 2015) by challenging the judgment dated 24.05.2024 passed by Sri Chaudhary Ahsan Moiz , the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act , Seraikella in Criminal (Bail) Appeal No. 06 of 2024 by which the Criminal appeal has been dismissed by affirming the order dated 13.02.2024 passed by the Principal Magistrate, Juvenile Justice Board, Seraikella in connection with R.I.T.P.S. Case No. 82 of 2023 corresponding of G.R. Case No. 503 of 2023 registered for the offences under sections 363/366A of the I.P.C but now cognizance has been taken under for the offences under sections 363/366/376 (2)(n) of the I.P.C. and under sections 06 of POCSO Act . 2. Heard, learned counsel for the petitioner and learned counsel for the State. 3. It is submitted by the learned counsel for the petitioner that the impugned judgment and order passed by the learned Courts below are illegal and not sustainable in law. It is 2 submitted that the petitioner is a juvenile. It is submitted that this is case of consensual relationship of the juvenile- petitioner and the victim girl. It is submitted that victim girl has refused to go for her medical examination and had raised no alarm at the time of occurrence . It is submitted that the F.I.R. was lodged after delay of 5-6 days. It is submitted that the juvenile –petitioner is aged about 17 years and his father is ready to take him in care and supervision. It is submitted that petitioner is in custody since 09.08.2023 hence, the juvenile petitioner may be enlarged on bail. 4. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that the petitioner has enticed the minor daughter of the Informant and had taken her to different States i.e. State Jammu & Kashmir and State of Punjab. It is submitted that the victim girl has supported the allegation of rape against the petitioner and hence prayer for bail of this Juvenile petitioner may be rejected. 5. Perused the F.I.R., Lower Court Records of this case, and considered the submission of both the sides. 6. It appear that the Victim Girl had been taken away and enticed by this petitioner. 7. It is also appears from the case diary that the date of birth of the victim girl was found 10.03.2006 and she was minor below eighteen (18) year of age, on the date of lodging the FIR. 8. It also appears that the victim girl during statement recorded under section 164 Cr.P.C. has stated that the petitioner had established physical relationship with her forcibly and they had remained in the State of Jammu & Kashmir and State of Punjab and the petitioner has allured her that he had got two (02) Big flats and huge landed properties. 3 9. Considering in facts and circumstances of this case, this Court is not inclined for released the juvenile petitioner on bail at this stage. 10. Thus , the prayer for bail of juvenile petitioner namely Dadan Pandey is hereby, rejected at this Stage and order passed by the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act , Seraikella and the learned Principal Magistrate, Juvenile Justice Board, Seraikella in connection with R.I.T.P.S. Case No. 82 of 2023 corresponding of G.R. Case No. 503 of 2023 are upheld. 11. Thus, Criminal Revision No. 887 of 2024 is hereby dismissed. 12. However, the learned Court below is directed to expedite the Trial at the earliest. (Sanjay Prasad, J.) Bibha/