IMPORTANT POINT
Bail application – Juvenile Justice Board has some functions and responsibilities towards children who are either in conflict with law or in need of care and protection. Board cannot simply be allowed to take a plea that they did not consider bail petition because it was not pressed.

ORDER (ORAL)

Rajeev Ranjan Prasad, J.—Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. Petitioner in the present case is seeking setting aside of the order dated 26.11.2019 passed in T.R.No.02/2019 by learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Madhubani (G.R.No.845/2019/EN 913 of 2019) in connection with Khajauli P.S. Case No.75/2019 registered for the offences punishable under Sections 364 and 302/34 of the Indian Penal Code. He is in the observation in connection with this case since 01.06.2019.

3. As per the prosecution story, the daughter of the informant had gone to ease out, she was about 17 years old. After leaving her house at 7.30 pm on 20.05.2019 she did not return home. The informant claims to have made telephone call on her mobile number whereupon the daughter of the informant told him that she is at the canal (Nahar) and “they will kill her” and thereafter she disconnected the phone. The informant claims that for the whole night he remained in search of his daughter but she could not be found. On 21.05.2019, he reached to his village and in the morning at 6.00 am he got information from the co-villagers that dead body of his daughter is hanging from a tree near the Pokhar of one Anil Singh. The informant went there with the co-villagers and found the dead body of his daughter was hanging from a rope with the help of a tree. He raised suspicion against unknown persons and on that basis the FIR has been registered.

4. Learned counsel for the petitioner submits that in course of investigation co-accused Sanjay Yadav was arrested and in his confessional statement the name of the petitioner and other co-accused transpired. The petitioner has been adjudged juvenile by the learned Juvenile Justice Board.

5. Learned counsel for the petitioner submits that in course of investigation it was found that the victim girl was regularly talking to the co-accused Nand Kishore Yadav and several phone calls were made by her to Nand Kishore Yadav on the date of the occurrence also.

6. Learned counsel further submits that the petitioner has been brought in this case on the basis of the CDR analysis of the phone calls of Nand Kishore Yadav from which it has been found that the petitioner had talked to the main accused Nand Kishore Yadav soon after the occurrence.

7. Learned APP, however, submits that the I.O. has not taken the tower location of the mobile of the petitioner and the victim girl and no comparison has been made to find out as to whether the mobile location of the petitioner was the same as that of the mobile location of the victim girl.

8. Learned counsel submits that the prayer for bail of the petitioner remained pending for a long time before the Juvenile Justice Board, Madhubani and no social investigation report was called for during this period. The petitioner has remained in remand home since his apprehension, though he was released for some time during Covid-19 situation. Presently the petitioner is in the remand home.

9. Learned counsel further submits that the co-accused Nand Kishore Yadav who is said to be the main accused has been granted bail by a learned coordinate Bench of this Court in Cr.Misc.No.25085/2021, Sanjay Yadav has been granted bail in Cr.Misc.No.29233/2020 and co-accused Santosh Yadav has been granted bail in Cr.Misc.No.18773/2020.

10. It is further submitted that the father of the petitioner who has got no criminal antecedent is ready to furnish an undertaking that if released on bail the petitioner shall not be allowed to come in contact with any bad element and if he comes in such contact he will personally report it to the nearest police station. Petitioner is said to be a student of intermediate class and on release from the remand home he will pursue his studies.

11. On the other hand, Mr. Uday Pratap Singh, learned APP for the State and learned counsel for the informant have opposed the praye