Sunil Lamay vs The State Of Jharkhand
2021 Latest Caselaw 4951 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Criminal Revision No.217 of 2021
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Sunil Lamay                                   ....    ....     Petitioner
                                Versus
The State of Jharkhand                        ....    ....     Opposite Party
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        CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner                     : None
For the State                          : Mr. Tapas Roy, A.P.P.
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              st
06/Dated: 21 December, 2021

1. Nobody appears on behalf of the petitioner. Counsel for the State is present.

2. The instant revision application has been filed against the judgment dated 15.01.2021 passed by the learned District Additional Sessions Judge-I, Saraikella in Criminal Appeal (Bail) No.35 of 2020, whereby and whereunder, the appeal preferred by the petitioner against the order dated 03.11.2020 passed by Smt. Manju Kumari, the learned Principal Magistrate, Juvenile Justice Board I/c, Saraikella vide MCRA No.2027 of 2020 in connection with Saraikella P.S. Case No.148 of 2019 corresponding to G.R. Case No.176 of 2020 (M.C.R.A. No.2027 of 2020) registered for the offence under Sections 302/34 of the Indian Penal Code, has been rejected. The case is now pending in the court of learned Principal Magistrate, Juvenile Justice Board, Saraikella.

3. The juvenile in the age group of 16 to 18 years is in remand home since 04.11.2019 and has approached this Court through his mother who is ready and willing to keep the juvenile in her custody with proper care. The juvenile is accused of committing offence under Section 302 of the Indian Penal Code.

From the case diary, it appears that the cause for crime is that the deceased was sexually harassing the wife of the juvenile. Social investigation report suggests that the juvenile may be given to the custody of his mother.

4. Learned counsel for the State has opposed the prayer for bail.

5. Considering the social investigation report and mandate of Section 3 of the J.J. Act, the juvenile, 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 the learned Principal Magistrate, Juvenile Justice Board, Saraikella in connection with Saraikella P.S. Case No.148 of 2019 corresponding to G.R. Case No.176 of 2020 subject to condition that one of the bailors must be the mother of the petitioner.

6. Accordingly, instant criminal revision being Criminal Revision No.217 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-