RANCHI, India, Oct. 2 -- Jharkhand High Court issued the following order on Sept. 2:

1. Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. Sanjay Kumar Srivastava, learned counsel for the State.

2. This criminal revision petition has been preferred for setting-aside the order dated 03.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka in connection with Juvenile Case No.31/2024 arising out of Ramgarh P.S. Case No.97 of 2024, E. No.92/2025, for the allegedly committing offence under Section 65(1)/351(1) of the Bharatiya Nyaya Sanhita, 2023 and under Section 4 of the POCSO Act, whereby, the prayer for bail of the petitioner has been rejected. The further prayer is made for settingaside the judgment dated 12.06.2025 passed by the learned Additional Sessions Judge-I-cum-Children Court, Dumka in Criminal Miscellaneous Appeal (Juvenile) No.04/2025, whereby, the appeal preferred by the petitioner has been dismissed and the order passed by the Juvenile Justice Board, Dumka has been affirmed.

3. Mr. S.P. Roy, learned counsel for the petitioner submits that the petitioner is a juvenile and he was aged about 15 years and 8 months at the time of alleged crime. He submits that there is relationship between the petitioner and the victim girl and friendship have been developed between them. He submits that the alleged occurrence is said to be on 26.09.2024, whereas, the FIR has been registered on 06.10.2024. He also submits that even the medical report is not supporting the case of rape. He further submits that the petitioner is in remand home since 22.10.2024. He submits that now the petitioner has passed Class-X examination. He submits that the petitioner has appeared in the said examination after permission granted by the Court and he has secured 1st class in Class-X examination. He also submits that the petitioner is being represented by his father and the father is ready to give any undertaking that he will take care of the child and the child will not be allowed to be exposed to any moral, physical or psychological danger.

4. Mr. Sanjay Kumar Srivastava, learned counsel for the State submits that the case is arising out of Section 65(1)/351(1) of the Bharatiya Nyaya Sanhita, 2023 and in view of that, the prayer for bail of the petitioner may kindly be rejected.

5. In view of the above, it transpires that the petitioner is in remand home since 22.10.2024 and even during the period of custody, he has appeared in Class-X examination and he secured 1st Class in that examination. Further, it has been pointed out that there is friendship between the petitioner and victim girl and on pressure of the family members, the victim has lodged the case. The petitioner is being represented by his father and the father is ready to give undertaking that he will take care of the child.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5kVj3q9pjeNUd%2B0G9ju0zawQol7d%2B%2B6OlOiSBX0CF1c&caseno=Cr.Rev./806/2025&cCode=1&cino=JHHC010255992025&state_code=7&appFlag=)

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