LAWS(JHAR)-2013-5-130

MD. NAUSHAD Vs. THE STATE OF JHARKHAND

Decided On May 16, 2013
Md. Naushad Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the Informant. Petitioner is aggrieved by the order dated 3.4.2013 passed in Cr. Appeal No. 78 of 2013 by the learned Judicial Commissioner, Ranchi, whereby the appeal filed against the order dated 21.02.2013 passed by the Juvenile Justice Board, Ranchi, in G.R. No. 6643 of 2012 arising out of Doranda P.S. Case No. 594 of 2012, rejecting the bail application of the juvenile petitioner, has been dismissed by the Appellate Court below.

(2.) PETITIONER has been made accused for the offence under Section 376(2)(f) of the Indian Penal code, in connection with Doranda P.S. Case No. 594 of 2012, corresponding to G.R. No. 6643 of 2012. There is allegation against the petitioner to have repeatedly ravished the minor girl aged about nine years, in the absence of her parents, who had gone to Kolkata. When the parents returned back, the FIR was lodged.

(3.) LEARNED counsel for the petitioner has submitted that the impugned order cannot be sustained in view of the fact that the Courts below have dismissed the bail application of the petitioner taking into consideration the gravity of the offence, which is against the dictates of Section 12 of the Juvenile Justice Act.