NARAYAN GORAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present application filed under section 102 of the Juvenile Justice (Care and Protection of Children )Act, 2015( in short "the Act") on behalf of the petitioner is directed against the judgment dated 20.5.2016 passed by the learned District and Addl. Sessions Judg -1,Seraikella Kharsawan in Crminal Appeal(Bail) No. 14 of 2016 whereby appeal preferred under section 52 of the Act against the order dated 20.4.2016 passed by the learned Principal Magistrate, Juvenile Justice Board, Seraiakella in connection with Adityapur P.S.Case No. 44 of 2016 corresponding to G.R No. 200 of 2016 registered for the offence punishable under sections 376/506 of the Indian Penal Code and Sections 4 and 14 of POSCO Act was dismissed and thereby affirmed the order dated 20.4.2016 passed by the learned Principal Magistrate, Juvenile Justice Board, Seraiakella in which the prayer for bail of the juvenile delinquent was rejected under section 12 of the Act.

(2.) Heard the learned counsel for the petitioner as well as the learned counsel for the State.

(3.) The learned counsel for the petitioner submitted that from the report of the Social Investigation it appears that it is the first crime committed by petitioner juvenile(conflict with law) and he has also pointed out to his school records indicating that his nature is very good and he is serious towards his studies. .The learned counsel for the petitioner also submitted that the petitioner was declared juvenile by a competent court and thereafter he was remanded to the Juvenile Home and on the basis of declaring juvenile an application for grant of bail was filed before the juvenile Justice Board Seraikella which was rejected on 20.4.2016. Against the rejection of bail order, an appeal vide Criminal Appeal(Bail) No. 14 of 2016 preferred by the juvenile delinquent before the learned Sessions Judge, Seraikella Kharsawan was rejected on 20.5.2016. The learned counsel for the petitioner submitted that the petitioner was arrested on 21.2.2016 and thereafter since then he was kept in Juvenile home. The learned counsel for the petitioner produced the copy of the bail orders passed in Cr.Rev.Nos. 127 of 2016 dated 12.4.2016, 1499 of 2015 dated 7.4.2016,277 of 2015 dated 17.6.2015 and 357 of 2015 on 18.6.2016 respectively in which prayer for bail of the other persons, who were involved in similar set of offences were granted considering the detention in custody and the mandate given under section 12 of the Act.