Jharkhand High Court
Basant Yadav vs The State Of Jharkhand on 14 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.146 of 2021
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Basant Yadav ... ... 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. Syed Tafazzul Sajid, Adv.
For the State : Mr. Abhay Kr. Tiwari, 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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02/14.06.2021: The instant application has been filed against the judgment dated
09.02.2021 passed by Sri Ajit Kumar, learned Additional Sessions Judge-
I-cum-Children Court, Garhwa, in Criminal Appeal (Juvenile) No.01 of
2021, whereby and whereunder the petitioner preferred the criminal
appeal against the order dated 08.12.2020, by which the prayer for bail of
the petitioner has been rejected by the learned Principal Magistrate,
Juvenile Justice Board, Garhwa in Misc. Criminal Application-3147 of
2020 in connection with Meral P.S. Case No.284 of 2020, registered for
the offence under Section 366(A) of the Indian Penal Code, and the same
is pending in the court of the learned Principal Magistrate, Juvenile Justice
Board, Garhwa.
It is submitted by the learned counsel for the petitioner that the
petitioner is in observation home since 01.11.2020 and aged about 17
years. The investigation is complete and the petitioner is ready to co-
operate with the trial. Further, it is stated that there is an allegation of
kidnapping of a minor girl aged about 17 years for the purpose of marriage
and having sexual relationship. The girl has given her statement under
Section 164 of the Cr.P.C. that out of her own will she had eloped with
this petitioner. Further, learned counsel submits that the pairwikar is the
father of the petitioner and he is ready and willing to take custody 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 age of the both the victim as well as the
petitioner and the fact that the father 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 who is the pairwikar in the present 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, Garhwa, subject to condition that one of the bailors
will be the father (pairwikar) in this Case.
Further, concerned Probation Officer is directed to report, once
in three months, to the Principal Magistrate, Juvenile Justice Board,
Garhwa regarding the upkeeping of the minor petitioner.
Accordingly, instant criminal revision being Criminal Revision
No.146 of 2021 is allowed and the impugned order dated 09.02.2021
passed by Sri Ajit Kumar, learned Additional Sessions Judge-I-cum-
Children Court, Garhwa, in Criminal Appeal (Juvenile) No.01 of 2021 is,
hereby, set aside.
(Rajesh Kumar, J.)
Amar/-
