Satish Raj Alias Chhotu Kumar Alias Chhotu vs State of Jharkhand

Harish Chandra Mishra, J.—Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the judgment dated 3.4.2013 passed by learned Addl. Sessions Judge-III, Palamu at Daltonganj, in Criminal Appeal No. 50 of 2013, whereby the appeal filed against the order dated 6.2.2013 passed by the Juvenile Justice Board, Daltonganj, in G.R. No. 375 of 2012, rejecting the bail application of the juvenile-petitioner, has been dismissed by the learned Appellate Court below.

The petitioner has been made accused in Sadar P.S. Case No. 84 of 2012 corresponding to G.R. No. 375 of 2012, for the offences under Sections 364A/34 of the Indian Penal Code, which was instituted against unknown persons for kidnapping the son of the informant for ransom.

It appears from the impugned order that subsequently the dead body of the deceased was recovered on the basis of the confessional statements of the accused persons, including the petitioner and the case was also instituted under Sections 302, 201 and 120B of the Indian Penal Code. The petitioner, however, was declared to be a juvenile and he filed his bail application before the Juvenile Justice Board, which was rejected and the appeal filed against the said order was also dismissed by learned Appellate Court below. The impugned judgment shows that the petitioner is in custody since 7.3.2012.

In the facts of this case, I am inclined to enlarge the petitioner, Satish Raj alias Chhotu Kumar alias Chhotu, being a juvenile, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of the Juvenile Justice Board, Palamau at Daltonganj, in connection with G.R. No. 375 of 2012 arising out of Sadar P.S. Case No. 84 of 2012, with the condition that one of the bailers should be Aniket Raj, the elder brother of the petitioner and he shall give an undertaking in the Court below that he shall keep the juvenile-petitioner under his personal care and protection and no repetition of such offence shall be made by the petitioner. This application is accordingly, allowed.