IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.543 of 2018
Ravi Shek Anand @ Karu S/o Ranjay Kumar Singh, R/o Vill.- Bindi , P.S.-
Rajaman Distt.- Banka through legal Guardian namely Ranjan, Distt.-
Banka through legal Guradian namely Ranjay Kumar Singh, S/o
Bhuneshwar Prasad Singh R/o Vill.- Bindi, P.S.- Rajaman, Distt.- Banka.
…. …. Petitioner
Versus
The State of Bihar
…. …. Respondent
Appearance :
For the Petitioner/s : Mr. Pramod Mishra
For the Respondent/s : Mr. Ramchandra Sahani
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
6 09-10-2018 This revision application has been filed against the order
dated 20.4.2018 passed by learned 1st Additional Sessions Judge,
Banka in Cr. Appeal No. 6 of 2015, arising out of Mahila P.S.Case
No. 2 of 2018, G.R.No. 94 of 2018, by which he has affirmed the
order dated 15.2.2018 passed by learned Juvenile Justice Board,
Banka rejecting prayer for bail of the petitioner.
Prosecution case, in short, is that on 18.8.2017 at 9 PM
all of a sudden petitioner came and closed the mouth of informant
Ashu Kumari and at the point of gun he committed rape upon her.
Further allegation is that the petitioner has made vedeography and
photography and threatened her not to disclose the story otherwise
the photo will be viral and due to prestige the informant did not
disclose the same and later on the petitioner has continued to
sexually assaulted her and even after the marriage of the informant
the petitioner has viral the photo and she disclosed her age as 22
Patna High Court CR. REV. No.543 of 2018 (6) dt.09-10-2018
2/4
years.
During pendency of the case the petitioner has moved
before Juvenile Justice Board for determination of his age as he
claimed to be juvenile and the Juvenile Justice Board after enquiry
has assessed the age of the petitioner as 14 years 7 months 13 days
vide order dated 26.3.2018, which is Annexure-2 to the petition. It
also appears that thereafter the petitioner has moved for bail
before the Juvenile Justice Board which was rejected vide order
dated 15.2.2018 (Annexure-3), on the ground that allegation is
serious in nature and he is not a student of any school and as such
in absence of any proper look after by his family members there is
chance of coming into the bad contacts and local persons are also
aggrieved by his act. The aforesaid order has been challenged by
the petitioner in Cr.Appeal No. 6 of 2018 which was also
dismissed vide order dated 20.4.2018 on the ground that allegation
is serious and social investigation report shows that he is in
contact of bad association and his release will defeat the ends of
justice. Being aggrieved by the aforesaid order, the present
revision application has been preferred by the petitioner on the
ground that both the learned JJB and appellate court have failed to
consider that the petitioner is aged 14 years 11 months 13 days,
whereas the lady is aged 22 years and independent witness during
investigation has not supported the prosecution in view of the fact
that there is no videography or photography is available in the case
Patna High Court CR. REV. No.543 of 2018 (6) dt.09-10-2018
3/4
diary and only allegation has been made against the petitioner and
he is in custody for eight months and on those grounds the
judgment of appellate court as well as order of JJB is bad in law
and not sustainable in the eye of law.
Heard learned APP and learned counsel for the
informant. They have opposed the prayer for bail on the ground
that allegation is serious in nature and there is allegation of his
coming into contact of bad elements and as such the prayer for
bail has rightly been rejected by JJB and appellate court and the
same does not require any interference by this Court.
Having heard the parties and on perusal of the record it
appears that against the order declaring the petitioner as juvenile
was challenged by the petitioner before the District and Sessions
Judge in appeal and that criminal appeal was also dismissed by
learned Sessions Judge vide order dated 14.9.2018 and as such the
petitioner is juvenile aged 14 years 7 months 13 days and the same
has been affirmed by the appellate court also. So far allegation is
concerned, there is allegation that on the point of pistol the
petitioner has committed rape a lady aged 22 years and also made
viral the videography and photography. However, in the case diary
witnesses have stated that she had love affair with the petitioner
but she was later on married with some other person and when her
husband and family members came to know about the same the
marriage was dissolved, which will appear from paragraphs 9 and
Patna High Court CR. REV. No.543 of 2018 (6) dt.09-10-2018
4/4
10 of the case diary. It also disclosed that the prosecutrix after
dissolving her marriage tried to make contact with the petitioner
and due to which petitioner has been made accused in this case.
Apart from that, no videography or photograph is available in the
case diary.
Considering the aforesaid facts and circumstances of the
case, this revision application is allowed. The impugned judgment
of appellate court and order of JJB are set aside.
The petitioner is directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
Juvenile Justice Board, Banka, in connection with Mahila
P.S.Case No. 2 of 2018, G.R.No. 94 of 2018, subject to the
condition that one of the bailors shall be the father of the petitioner
and further during pendency of the case petitioner shall be under
supervision of Probation Officer, who will watch conduct of the
petitioner.
(Vinod Kumar Sinha, J)
spal/-
U T