RAJU @ RAJENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, the petitioner has challenged the order dated 14.01.2011 passed by the learned Sessions Judge, Bikaner, dismissing the criminal appeal filed by the petitioner against the order dated 12.01.2011 passed by the learned Principal Magistrate, Juvenile Justice Board, Bikaner in FIR No.493/2010 of Police Station, Nokha , District Bikaner under Section 12 of Juvenile Justice ( Care & Protection of Children) Act, 2000.

(2.) The brief facts of the case are that the complainant Munni submitted a complaint before the Judicial Magistrate, Nokha alleging interalia that her daughter Manju , studying in the Adarsh Vidhya Mandir School , went to school on 08.11.2010 but did not return. It was further alleged that on 10.11.2010, Bhera Ram dropped her daughter in front of her house in the night, then her daughter informed her that on 08.11.2010 when she reached Shiv Mandir , Raju and Suresh took her in their motor cycle and thereafter, Raju sent her by Bus with Suresh to Bikaner. There they stayed in the Dharamshala and Suresh committed rape on her.

(3.) The learned Judicial Magistrate, Nokha sent the complaint to the SHO, Police Station Nokha for investigation under section 156 (3) Cr.P.C. The police arrested the petitioner and produced him before the Principal Magistrate, Juvenile Justice Board, Bikaner. The petitioner moved an application under section 12 of the Juvenile Justice ( Care and Protection of Children ) Act, 2000 for bail but the same wasdefended the order of the Juvenile Justice Board as well as the order passed by the learned District and Sessions Judge.