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2023 DIGILAW 856 (JHR)

Ritik Kumar Sah @ Ritik Kumar v. State of Jharkhand

2023-07-11

NAVNEET KUMAR

body2023
JUDGMENT : Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. This criminal revision is directed against the order dated 30.01.2023 passed by learned Additional Sessions Judge-I-Cum-Children Court, Dumka in Criminal Miscellaneous Appeal No. 15 of 2022 whereby the prayer for release of the juvenile petitioner has been dismissed by affirming the order dated 26.09.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Dumka, in connection with Saraiyahat P.S. Case No. 33 of 2022, registered for the offence under Section 366-A/34 of the Indian Penal Code. 3. The gist of the allegations as alleged in the FIR is that this petitioner along with 2 friends had kidnapped the daughter of the informant. 4. It has been pointed out by learned counsel appearing on behalf of the petitioner that from the FIR itself it is found that both the petitioner and the victim were acquainted to each other from before and they were friends. Further it has been pointed out that the offence has taken place on 11/6/2022 and the FIR has been instituted on 24/6/2022 after a lapse of about 13 days. Further it has been pointed out that the petitioner is a minor boy and he is aged about 17 years and he is a student of intermediate. Further it has been pointed out that this petitioner is in custody since 27/6/2022 and there is no criminal history against him. Further it has also been pointed out from the social investigation report that the petitioner has been studying in intermediate and there is no adverse remark and therefore the petitioner deserves to be enlarged on bail. 5. On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the appellant and submitted that the petitioner is involved in the heinous offence of kidnapping of a minor girl who is aged about 17 years and the trial of the case is going on and the victim has been examined in this case and she has fully supported the case of the prosecution and therefore he does not deserve to be enlarged on bail. 6. Having heard the parties, perused the record of this case. 7. It is found that the petitioner is a child in conflict with law aged about 17 years. 6. Having heard the parties, perused the record of this case. 7. It is found that the petitioner is a child in conflict with law aged about 17 years. It has further been found that the petitioner is involved in a heinous offence of kidnapping of a minor girl, aged about 17 years. Further from the report received from the concerned court below, it is found that out of 6 cited witnesses, 3 of them have been examined including the father, mother and the victim and all of them have supported the case of the prosecution. Further it has been reported from the concerned court below that the expected date of the disposal of this case is 2 months. 8. Having taken into consideration that the victim has fully supported the case of the prosecution and she has been exploited by this petitioner for a long period of time till 22/6/2022 when the father of the victim reached Delhi and then she was rescued and brought to the house. 9. In view of the aforesaid facts, it is found that the release of the petitioner will bring him into the association of the known criminals and also his release at this stage of this case may expose him to his mental, moral, physical and psychological danger and therefore it is necessary, under the facts and circumstances of this case, that this petitioner needs a proper counselling in the observation home/remand home. 10. Under the facts and circumstances of this case, it is not found fit to enlarge the petitioner on bail and accordingly the prayer of the petitioner for grant of bail is hereby rejected. 11. Accordingly this criminal revision filed by the petitioner is rejected and the order dated 30.01.2023 passed by learned Additional Sessions Judge-I-Cum-Children Court, Dumka in Criminal Miscellaneous Appeal No. 15 of 2022 and the order dated 26.09.2022 passed by learned Principal Magistrate, Juvenile Justice Board, Dumka, in connection with Saraiyahat P.S. Case No. 33 of 2022 are hereby confirmed. 12. The concerned court below has reported that the trial is likely to be concluded within 2 months and accordingly the learned court below is directed to conclude the trial within the said period.