ANKUSH @ KITTU Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally at admission stage with the consent of the parties. 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 Cr.P.C. is directed against an order dated 24th January, 2015 passed in Criminal Appeal No. 5/2015, by the Sessions Judge, Datia (MP), 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 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 12-12-2014. Being aggrieved from that order, an appeal under Section 52 of the Act was preferred before the learned Sessions Judge. Same has been dismissed under the impugned order, hence, this revision.