Aditya Singh vs The State Of Jharkhand
2021 Latest Caselaw 4523 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Criminal Revision No.24 of 2021
                                            ....

                Aditya Singh                                       ....    Petitioner
                                            Versus
                The State of Jharkhand                              .... Opposite Party
                                            ....
                CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Mr. Amit Kumar, Adv.
                                                   Mr. Ajay Kumar, Adv.
                For the State                    : Ms. Nehala Sharmin, A.P.P.
                                                 ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

05/01.12.2021 The instant application has been filed against the order dated 18.12.2020 passed by the learned Additional Sessions Judge-1st, East Singhbhum, Jamshedpur in Criminal Appeal No.102/2020, affirming the judgment dated 22.10.2020 passed by the Principal Magistrate, J.J. Board, Jamshedpur by which the prayer for bail of the petitioner has been rejected in connection with Spl. POCSO Case No.62 of 2019, corresponding to Burmamines P.S. Case No.57 of 2019, for the offence under Section 376 of the Indian Penal Code and Section 4 and 8 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Jamshedpur.

The juvenile in the age group of 17-18 is in custody since 17.08.2019, has approached this Court for release through his father, who is ready and willing to keep his child under his custody with proper care. It has been submitted by learned counsel for the petitioner that the allegation against the juvenile is that he kidnapped a girl and committed rape upon her. It has been further submitted that the statement of the victim made under Section 164 of the Cr.P.C. suggest that she had been assaulted and an attempt has been made for marriage and on the intervention of her mother, she has been rescued. It has been further submitted that the matter is still pending before the Board and the matter is not progressing since the Board is not functioning. On above facts, prayer for bail has been made.

Learned A.P.P. has opposed the prayer for bail.

Considering the nature of allegation and the period of custody, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, J.J. Board, Jamshedpur in connection with Spl. POCSO Case No.62 of 2019, corresponding to Burmamines P.S. Case No.57 of 2019, subject to condition that one of the bailor must be the father of the petitioner.

Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Jamshedpur regarding the up keeping of minor.

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.)

Shahid/