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2023 Supreme(Jhk) 1398

SUBHASH CHAND
Ram Oraon, son of Late Etwa Oraon through Krishna Oraon – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Praveen Shankar Dayal, Advocate Mrs. Nivedita Kundu, Advocate Mr. Saurabh Kumar, Advocate
For the Respondent: Mr. Shailesh Kumar Sinha, A.P.P.

JUDGMENT :

1. Learned counsel for the petitioners and learned counsel for the State are present.

2. This Criminal Revision has been preferred on behalf of the petitioners against the order dated 13.04.2022 passed by the learned District & Additional Sessions Judge-I, Lohardaga cum Special Judge, (Children Court), Lohardaga in Criminal Appeal No.11 of 2022, whereby the appeal was dismissed and affirmed the order dated 05.03.2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Lohardaga in connection with Bhandra P.S. Case No.05 of 2022 registered under Section 376DA/34 of the Indian Penal Code and under Section 4/6 of the POCSO Act, wherein the bail application of both the juveniles was rejected.

3. Learned counsel for the petitioners has submitted that both the petitioners were 14 years old on the date of occurrence, their bail application was rejected by the learned J.J. Board only taking into consideration the gravity of offence without taking into consideration the Social Investigation Report while there is nothing adverse against both the petitioner in Social Investigation Report. The impugned order passed by the learned J.J. Board, which was affirmed by the le

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