Citation : 2021 Latest Caselaw 94 Jhar
Judgement Date : 7 January, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.652 of 2020
Golu Paswan
@ Srikant Paswan ...... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. Jitendra Singh, Advocate
Mr. Randhir Kumar, Advocate
For the State : Mr. B. N. Ojha, A.P.P
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02/Dated: 07th January, 2021
1. This revision is directed against the judgment/ order dated 01.07.2020, passed by learned Additional Sessions Judge -I, Ramgarh in Criminal Appeal (Bail) No.32 of 2020, whereby the prayer for bail of the petitioner/ juvenile (in conflict with law) has been rejected in connection with Patratu (Bhurkunda) P.S. Case No.161 of 2019, registered under Sections 376 and 511 of the Indian Penal Code and Sections 4, 7 and 8 of the POCSO Act.
2. Heard learned counsel for the petitioner and learned A.P.P. As pointed out by the counsel for the appellant, it appears that Manoj Paswan, father of the appellant, had lodged F.I.R being Patratu P.S. Case No.116 of 2018 under Section 366 I.P.C, against Prem Soni, father of the victim girl. It also appears that by order dated 24.06.2019 prayer for bail of the father of the prosecutrix was rejected by the learned Single Bench in B.A. No.9654 of 2018. Thereafter the present case was lodged by the prosecutrix's father on 25.06.2019.
The allegation is that the appellant had attempted to commit rape on the prosecutrix and inserted paper role in her private part, but in the impugned order there is no mention of any injuries sustained by the prosecutrix on her private part.
Having regard to the facts and circumstances of the case, the petitioner is directed to be released on bail on his
furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Ramgarh, in connection with Patratu (Bhurkunda) P.S. Case No.161 of 2019, on the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) to ensure that the juvenile petitioner does not come in contact with any anti-social elements, and (iii) produce the juvenile/petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.
3. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner/juvenile shall co-operate and be present before the Board as and when directed, till conclusion of the enquiry.
4. With the aforesaid direction, the revision is, hereby, allowed.
(AMITAV K. GUPTA, J.) Chandan/-
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