Rajesh Lugun vs The State of Jharkhand

Heard Mr. G.S. Prasad, learned counsel for the petitioner and Mr. Sanjay Kumar, learned A.P.P. for the State.

This application is directed against the order dated 31.08.2017 passed by the learned Sessions Judge, Chaibasa in Criminal (Juvenile Bail)

Appeal No. 40 of 2017 by which the order dated 21.06.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Chaibasa in

connection with G.R. No. 44 of 2017 arising out of Manoharpur P.S. Case No. 08 of 2017, refusing to release the petitioner on bail, has been

affirmed and the appeal was dismissed.

A First Information Report was instituted with the allegation that the petitioner and others had abused and threatened the mother of the informant

being a witch. It was also alleged that an information was received that some miscreants has committed murder of the mother of the informant.

It has been submitted by learned counsel for the petitioner that the implication of the petitioner seems to be based on the statement of Salami

Bhuiyan recorded u/s 164 Cr.P.C. in which she has stated that when she along with deceased was sleeping in the room and in the mid-night she

heard some sound and saw that some miscreants entered in the house, but subsequently she slept due to fear and therefore she was not in a

position to say what happened thereafter. It has also been submitted that the petitioner is in custody since 15.02.2017.

The statement recorded u/s 164 Cr.P.C. also does not directly implicate the petitioner of being part of the miscreants who had committed

murder of the mother of the informant.

In such circumstances, while setting the order dated 31.08.2017 passed by the learned Sessions Judge, Chaibasa in Criminal (Juvenile Bail)

Appeal No. 40 of 2017 and the order dated 21.06.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Chaibasa, the petitioner,

named above, 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 learned Principal Magistrate, Juvenile Justice Board, Chaibasa in connection with G.R. No. 44 of 2017 arising

out of Manoharpur P.S. Case No. 08 of 2017 with a condition that the father of the petitioner will keep the petitioner at a safe place and will not

allow him to meet any bad element and further directed to produce the petitioner before court concerned on each and every date fixed in the

concerned case till the conclusion of the inquiry.

This application stands disposed of.