The court granted bail to a juvenile based on the acquittal of her father and stepmother, emphasizing the importance of custody duration and juvenile rights.

ORDER :

(SANJAY PRASAD, J.)

1. The instant Cr. Revision Application has been filed by the petitioner challenging the judgment dated 30 July 2024 passed in Cr. Appeal No. 29 of 2024 by Sri Santosh Anand Prasad, learned Additional Sessions Judge- I – cum- Special Judge, Children Court, Garhwa by which the appeal filed by the petitioner has been dismissed thereby affirming the order dated 17.05.2024 passed by the Juvenile Justice Board, Garhwa, in connection with Ranka P.S. Case No. 17 of 2024 corresponding to G.R. No. 583A of 2024 instituted under Section 364 /34 of the Indian Penal Code and later on Section 302, 201 , 364 / 120B of the Indian Penal Code were added by which the bail of the petitioner was rejected.

2. Learned counsel for the petitioner-Juvenile submitted that the petitioner is innocent and has committed no offence. It is further submitted that name of the juvenile has come on the basis of confessional statement of her father namely, Sakendra Sao. It is submitted that her father namely Sakendra Sao and Bima Kumari, (i.e. step mother of the petitioner) have been acquitted vide judgment dated 07.02.2025 passed by Sri Nalin Kumar, learned Sessions Judge, Garhwa in S. T. No. 164 of 2024. It is submitted that the petitioner is in custody since 08.02.2024 and hence, she may be enlarged on bail.

3. On the other hand, learned APP has opposed the prayer of the petitioner for bail. It is further submitted that the petitioner has also connived with her father and it is a case of death of four years boy and which is duly supported by several witnesses in their statement recorded under Section 161 of the Cr.P.C. and hence, prayer for bail may be rejected.

4. Perused the record of this case and also the judgment dated 07.02.2025 passed in Sessions Trial No. 164 of 2024 by Sri Narin Kumar, learned Sessions Judge, Garhwa.

5. It appears that the Informant Rani Devi had lodged the FIR against three persons namely, Love Saw, Sakendra Sao and Bima Kumari for kidnapping her four years old child namely, Vishnu Kumar.

6. It appears from the records of this case and judgment dated 07.02.2025 that name of the juvenile-petitioner has come on the basis of confessional statement of her father Sikandar Sao and the said Sikandar Sao has already been acquitted in S.T. Case No. 164 of 2024 by the learned Sessions Judge, Garhwa along with one Bima Kumari (i.e., step mother of the petitioner) vide judgment dated 07.02.2025.

7. Considering the facts and in the circumstances of the case and considering the period of custody of the juvenile-petitioner and the fact that the father and steps mother of the juvenile petitioner i.e. Sakendra Sao and Bima Kumari have been acquitted by the learned Sessions Judge, Garhwa, the juvenile petitioner- Nita Kumari is directed to be released on bail in care and supervision of her Natural Guardian and Mother namely Sunita Devi on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate Juvenile Justice Board, Garhwa, in connection with Ranka P.S. Case No. 17 of 2024 corresponding to G.R. No. 583A of 2024 subject to condition that the mother of the juvenile- petitioner will submit her mobile number and self-attested copy of her Aadhar Card before the learned Court below, which she will always keep active and will not change it, during the pendency of this case, without prior permission of the Court and shall produce the juvenile-petitioner as and when required.

8. Therefore, in view of the above, the judgment dated 30 July 2024 passed in Cr. Appeal No. 29 of 2024 by Sri Santosh Anand Prasad, learned Additional Sessions Judge- I – cum- Special Judge, Children Court, Garhwa and the order dated 17.05.2024 passed by the Juvenile Justice Board, Garhwa, in connection with Ranka P.S. Case No. 17 of 2024 corresponding to G.R. No. 583A of 2024 are set aside.

9. Thus, the Criminal Revision No. 122 of 2025 is allowed and stands disposed of.