Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11932
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 215 of 2025
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Vivek Kumar Singh, Aged about 17 years 08 months and 14 days, S/o Ram Badan Singh, R/o Village-Raro, P.O- Raro, P.S. Dandai, District-Garhwa (Jharkhand) represented through natural guardian (Father) Ram Badan Singh, age about 56 years, S/o Bhulan Singh, R/o Village- Raro, P.O-Raro, P.S. Dandai, District-Garhwa (Jharkhand)
…… Petitioner
Versus 1.The State of Jharkhand 2.Guardian of Victim-X …… Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Sushil Kumar Sharma, Advocate
For the State : Mr. Bishambhar Shastri, APP
------ 03/Dated:22nd April, 2025
This Criminal Revision Application has been filed on behalf of the petitioner by challenging the judgment dated 31.07.2024 passed by Sri Santosh Anand Prasad, learned Additional Sessions Judge-1-cum- Special Judge, Children Court, Garhwa in Criminal Appeal No. 33 of 2024 by which appeal has been dismissed and the prayer for bail of the Juvenile petitioner has been rejected thereby affirming the
order dated 08.02.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Garhwa in connection with Dandai P.S Case No.85 of 2023 (G.R Case No.282 of 2024) instituted under section 376 and 302 of IPC.
2. As per F.I.R, the daughter of the informant was found missing in the night of 21.11.2023 at around 11.00 p.m. and her dead body was recovered on 22.11.2023 in the morning. The informant suspected that the petitioner has committed murder of the deceased girl by throttling her neck after committing rape upon her.
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3. Heard Mr. Sushil Kumar Sharma, learned counsel for the petitioner and Mr. Bishambhar Shastri, learned APP for the State.
4.
Learned counsel for the petitioner has submitted that the impugned judgment and order passed by the learned Appellate Court and the learned Juvenile Justice Board are illegal and not sustainable in the eye of law. It is submitted that only suspicion has shown against the Juvenile petitioner and no specific allegation has been levelled against him. It is submitted that after performing the last rities of the deceased girl, the FIR was lodged by the informant after great delay. It is submitted that save and except the confessional statement there is nothing against the Juvenile petitioner. It is submitted that the Juvenile petitioner is in custody since 23.11.2023 and hence the Juvenile petitioner may be enlarged on bail. 5. On the other hand, learned APP has opposed the prayer for bail. It is submitted that strong suspicion has been shown against the petitioner in the F.I.R by the informant. It is submitted that the petitioner has confessed his guilt which is evident from the para-25 of the case diary and hence the prayer for bail of the juvenile-petitioner may be rejected. 6. Perused the records of this case and considered the submission of both the sides. 7. It appears from the FIR that strong suspicion has been shown against the Juvenile petitioner by the informant for committing the rape and causing the death of the deceased girl. 8. It further appears that the dead body of the deceased girl was recovered in naked condition/objectionable condition from the field of one Nathun Singh. 9. The confessional statement of the petitioner recorded
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in para-25 of the case diary reveals that the petitioner had tried to establish physical relationship with the Victim girl (deceased) and thereafter on her protest, he is alleged to have established forcibly physical relationship with her and thereafter he throttled her neck. 10. It further reveals from the order passed by the learned Appellate Court that the Victim girl used to talk with this Juvenile petitioner on mobile phone. The cause of death is shown as Asphyxia due to strangulation in the post-mortem report of the deceased and even bleeding from genetalia was also present. 11. In view of the above, this Court is not inclined to enlarge the Juvenile petitioner on bail. 12. Accordingly, the prayer for bail of the Juvenile petitioner is rejected. 13.
Under the circumstances, the judgment dated 31.07.2024 passed by Sri Santosh Anand Prasad, learned Additional Sessions Judge-1-cum- Special Judge, Children Court, Garhwa in Criminal Appeal No. 33 of 2024 and the
order dated 08.02.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Garhwa in connection with Dandai P.S Case No.85 of 2023 (G.R Case No.282 of 2024) are upheld.
14. The learned Court below is directed to expedite the trial as expeditiously as possible.
15. Thus, Cr. Rev. No.215 of 2025 stands dismissed.
(Sanjay Prasad, J.) Saket/