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2015 Supreme(MP) 210

B.D.RATHI
Ankush @ Kittu – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ravi Gupta for petitioner; Ms. Nutan Saxena, Public Prosecutor for State.

ORDER

1. Present revision petition preferred under section 53 of Juvenile Justice (Care And Protection of Children) Act, 2000 in short the “Act” read with section 397/401 of CrPC is directed against an order dated 24th January, 2015 passed in Criminal Appeal No.5/2015, by the Sessions Judge, Datia (M.P.), whereby the order dated 12.12.2014 passed by the Principal Magistrate, Juvenile Justice Board, Datia has been made absolute.

2. By the said order dated dated 12.12.2014, the Principal Magistrate has rejected the application of the petitioner/accused moved for his release on bail under section 12 of the said Act.

3. Facts, as borne out from perusal of the case are that on 8.10.2014 in between 8 a.m. to 8 p.m. in night, Ku. Khushi, aged 6 years, daughter of the complainant Mukesh was found missing in the house. On 10.10.2014, her dead-body was found in the bushes near Jagdamba temple. During investigation, it was gathered that the petitioner/accused after kidnapping and committing rape caused her death. The accused was arrested and being juvenile, he was brought before the Juvenile Board. In the meantime, he submitted an application for bail which was rejected vide order dated 12.12.









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