Munna Kumar Das @ Munna Ku Das vs The State Of Jharkhand
2021 Latest Caselaw 1896 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Revision No.124 of 2021
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Munna Kumar Das @ Munna Ku Das ... ... 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            : Mr. Lalit Yadav, Adv.
            For the State                 : Mr. Sunil Kr. Dubey, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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04/14.06.2021: The instant application has been filed against the judgment dated 05.02.2021 passed by Sri Anil Kumar Mishra, learned 1st Additional Sessions Judge, Deoghar in Criminal (Juvenile Bail) Appeal No.05 of 2021, whereby and whereunder the petitioner preferred the criminal appeal against the order dated 19.01.2021, by which the prayer for bail of the petitioner has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Deoghar in Enquiry No.134 of 2021 corresponding to Devipur P.S. Case No.163 of 2020 registered for the offence under Sections 392/411 of the Indian Penal Code, and the same is pending in the court of the learned Principal Magistrate, Juvenile Justice Board, Deoghar.

It is submitted by the learned counsel for the petitioner that the petitioner is in probation home since 19.11.2020 and aged about 17 years. The investigation is complete and the petitioner is ready to co-operate with the trial. The FIR has been lodged against unknown. It has further been stated that one looted mobile has been seized from the possession of this minor. Further, learned counsel submits that the pairwikar is the father of the petitioner and he is ready and willing for upkeeping the minor petitioner. On this basis, prayer for bail has been made.

Counsel for the State has opposed the prayer for bail Considering the above submission of the parties and the fact that the father of the petitioner is ready to take care of the minor petitioner, the Court is of the opinion that the minor should be released in favour of the father of the petitioner who is the pairwikar in this case. Accordingly, 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 the learned Principal Magistrate, Juvenile Justice Board, Deoghar in connection with Devipur P.S. Case No.163 of 2020, subject to condition that one of the bailors must be the father of the petitioner in this Case.

Further, concerned Probation Officer is directed to report, once in three months, to the Principal Magistrate, Juvenile Justice Board, Deoghar regarding the upkeeping of the minor petitioner.

Accordingly, instant criminal revision being Criminal Revision No.124 of 2021 is allowed and the impugned order dated 05.02.2021 passed by Sri Anil Kumar Mishra, learned 1st Additional Sessions Judge, Deoghar in Criminal (Juvenile Bail) Appeal No.05 of 2021 is, hereby, set aside.

(Rajesh Kumar, J.)

Amar/-