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Judgment
Heard learned counsel for the petitioner as well as learned Public Prosecutor.
Allegation against the petitioner is under Section 305 IPC. A revision petition has been filed against the order passed in an appeal under the POCSO
Act whereby custody of the child has not been handed-over to the parents.
Learned counsel for the petitioner has invited the attention of this Court to the production report of investigation to show that the juvenile was having
love relationship with the deceased girl, who committed the suicide. The recommendation has been made to handover the custody of the juvenile to the
parents and not to be kept in Child Observation Home. Learned counsel submits that report has been ignored while passing the order in appeal.
I have considered the submissions as above and perused the report.
Taking into consideration the nature of the allegations and that the petitioner is a juvenile boy, he is undergoing studies, this Court deems it appropriate
to make over the custody of the petitioner to his parents instead of keeping the petitioner â€" boy in Child Observation Home, which may be in his
interest. The parents shall submit a bond of Rs.20,000/- to the satisfaction of the concerned Principal Magistrate, Juvenile Justice Board No.2, Jaipur
and take care of the juvenile.
Accordingly, the revision petition is allowed.