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Cri. Revision No. 467 of 2013. Case: Prem Pandey Vs State of Jharkhand. Jharkhand High Court

Judgment Cited in Precedent Map Related
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Case NumberCri. Revision No. 467 of 2013
CounselFor Appellant: Md. Zaid Ahmed, Adv. and For Respondents: A.P.P.
JudgesHarish Chandra Mishra, J.
IssueIndian Penal Code (45 of 1860) (IPC) - Sections 366A, 376
Judgement DateJuly 12, 2013
CourtJharkhand High Court

Order:

H.C. Mishra, J.

  1. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 17.5.2013 passed by the learned Sessions Judge, Dhanbad, in Criminal Appeal No. 174 of 2013, whereby, the appeal filed against the order dated 30.4.2013 passed by the Juvenile Justice Board, Dhanbad, in G.R. No. 4964 of 2012, rejecting the bail application of the juvenile petitioner, has been dismissed by the learned Appellate Court below.

  2. The petitioner has been made accused in Putki P.S. Case No. 214 of 2012 corresponding to G.R No. 4964 of 2012 for the offence under Sections 366A and 376 of the Indian Penal Code. Though there is allegation against the other co-accused persons to have taken the victim girl to different places and to have committed rape upon her, but from the FIR it appears that against the petitioner, there is allegation that the petitioner was also present along with his friends and had met the victim, but there is no allegation against the petitioner to have committed rape upon her. However, in the last paragraph of the FIR, it appears that the informant has taken the name of all the accused persons and has stated that they had kept her at different places and had committed rape upon her, but there is no specific allegation against the petitioner.

  3. It appears that the petitioner was declared to be juvenile and he filed his application for bail, which was rejected by he Juvenile Justice Board, taking into consideration the social investigation report of the petitioner, which was...

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