1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev.No. 1462 of 2023 ---- Md. Azad Ansari @ Md. Aajad Ansari @ Ajad Ansari aged about 16 years through his biological father MoinMiyan @ Moen Ansari …… Petitioner Versus The State of Jharkhand and Others …… Opposite Parties ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner :Mr. Shadab Eqbal, Advocate For the State : Mr. Rajnesh Verdhan, A.P.P. For the O.P. No. 2 : Mr. Fahad Allam, Advocate ….. Oral Order In Court Order No. 09/ Dated:25.02.2025 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 06.10.2023 passed by Sri Sanjeev Kumar Das , learned Additional Sessions Judge-I-cum-Special Judge, Children Court , Latehar in Criminal Appeal No. 40 of 2023 by rejecting the bail of the petitioner and has dismissed the Criminal Appeal by affirming the order dated 05.08.2023 passed by the Juvenile Justice Board, Latehar by which the bail of the petitioner was rejected in connection with Balumath P.S. Case No. 98 of 2023 Special POCSO Case No. 50 of 2023 corresponding E.R. No. 17 of 2023 for the offences under sections 354, 354-A, 354-B of the I.P.C and under sections 08 of POCSO Act . 2. Heard, learned counsel for the petitioner , learned counsel for the State and learned counsel for the O.P. No. 2. 3. It is submitted by the learned counsel for the petitioner that impugned judgment and order passed by the learned Courts below are not sustainable in eye of law. It is submitted that the petitioner is a juvenile and innocent and has not committed offence. It is submitted that allegation of committing molestation 2 and for kissing and opening pant/ Clothes of the Informant by the petitioner are false and concocted . It is submitted that both the parties have love affairs. It is submitted that no independence witness has been examined by the prosecution. It is submitted that the persons, who were at the place of occurrence, have not been examined by the police . It is submitted that till date trial has not proceeded. Learned counsel for the petitioner has relied upon the judgment passed by the Honb’le Patna High Court in Criminal Revision No. 617 of 2024 in Criminal Appeal (SJ) No. 1585 of 2024 vide order dated 04.12.2024 and submitted that gravity of offence is not to be seen in the case of the juvenile. It is submitted that the petitioner is in custody for around nineteen (19) months and 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 . 5. On the other hand, the learned counsel for the O.P. No. 2 has also opposed the prayer for bail and has submitted that even in statement of the victim girl recorded under section 164 Cr.P.C. she has stated that the petitioner had forced her to put down her pant and shirt and hence prayer for bail of this juvenile petitioner may be rejected. 6. Perused the F.I.R., Lower Court Records of this case, statement of the victim girls recorded under section 164 Cr.P.C., and judgment passed by the Hon’ble Patna High Court in Criminal Revision No. 617 of 2024 in Criminal Appeal (SJ) No. 1585 of 2024 vide order dated 04.12.2024 and considered the submission of both the sides. 7. It appears from the F.I.R. that there is direct allegation against the petitioner for committing the heinous offences and 3 molesting the Victim Girl while she was going for the coaching classes. 8. It also appears from the statement of the victim girl recorded under section 164 Cr.P.C. that the petitioner had not only kissed her but also forced her to put down her pant and shirt and thus has committed molestation on the body of the Victim Girl . 9. It would appear that the judgment dated 04.12.2024 passed by the Hon’ble Patna High Court in Criminal Revision No. 617 of 2024 in Criminal Appeal (SJ) No. 1585 of 2024 is not applicable on the facts and in the circumstances of this case and the Hon’ble Patna High Court has not discussed the case of the of the parties and has granted bail merely on the basis of provisions of section 12 of the Juvenile Justice ( Care and Protection of Children Act, 2015) 10. This Court respectfully differs in view taken by the judgment passed by the Hon’ble Patna High Court in Criminal Revision No. 617 of 2024 in Criminal Appeal (SJ) No. 1585 of 2024 vide order dated 04.12.2024 . 11. Although the petitioner is in custody from nineteen (19) months but the offences are deliberate and intentional which had been done in the public place. 12. This is a case of committing sexual offence and molesting the girl in a public place while she was going to coaching classes for her study future and this act of the petitioner is grave to put her into fear her even from attending the Coaching. 13. The victim girl during her statement recorded under Section 164 Cr.P.C. has clearly stated that while she was going to attend her tuition classes then the appellant arrived on his Motor Cycle and snatched her bag and mobile and threatened her to sit 4 on the motor cycle by putting her in fear and took her to the old hostel at Marang Laiya and the he forcibly put a ring on her finger and kissed her on lips and started scratching her body, threw her Dupatta and forced her sit on the ground and asked her to remove her kurti and jeans. The appellant opened his shirt and jeans, then, in the meantime, she raised alarm and the Mukhiya arrived there and two other persons also arrived there and they caught the appellant and the matter was informed to her parents. She also stated that the appellant used to tease her four to five days prior to the occurrence continuously and used to chase her. 14. Thus, this Court doesn’t not find proper to release the petitioner namely Md. Azad Ansari @ Md. Aajad Ansari @ Ajad Ansari on bail at this stage the petitioner is a juvenile so that he may not get emboldened . 15. In view of the fact, I am not inclined to extend the benefit of provision of section 12 of the Juvenile Justice Act in favour of the juvenile petitioner.Accordingly, his prayer for bail is hereby, rejected at this Stage. However , learned Court below is directed to expedite the trial as expeditiously as possible. 16. Thus, this Criminal Revision No. 1462 of 2023 is, hereby, dismissed. (Sanjay Prasad, J.) Bibha/