Jharkhand High Court
Chanchala Kumari vs The State Of Jharkhand on 28 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.10 of 2021
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Chanchala Kumari ... ... 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. Pankaj Srivastava, Adv.
For the State : Mr. Prabir Kr. Chatterjee, 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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04/28.06.2021: The instant revision application has been filed against the
judgment dated 17.10.2020 passed by Sri Ajit Kumar, learned Additional
Sessions Judge-I-cum-Children Court, Garhwa in Criminal Appeal
(Juvenile Bail) No.34 of 2020, whereby and whereunder the petitioner
preferred the criminal appeal against the order dated 17.08.2020, by
which the prayer for bail of the petitioner has been rejected by the
learned Juvenile Justice Board, Garhwa, in Misc. Cri. Application
No.2082 of 2020 in connection with Meral P.S. Case No.121 of 2020,
registered for the offence under Sections 302, 201 and 34 of the Indian
Penal Code. Now, the case is pending in the court of the learned
Additional Sessions Judge-I-cum-Children Court, Garhwa.
It is submitted by the learned counsel for the petitioner that the
petitioner is in observation home since 31.06.2020 and aged about 13
years. The investigation is complete and the petitioner is ready to co-
operate with the trial. Learned counsel submits that the minor girl has
instigated another co-accused, namely, Hazrat Ali to commit the crime,
and the said Hazrat Ali has already been granted bail by a Co-ordinate
Bench of this Court in B.A. No.9466 of 2020 vide order dated
09.12.2020. Further, the learned counsel submits that the pairwikar is the
mother of the petitioner and she is ready and willing to keep her minor
daughter in her custody. On this basis, prayer for bail has been made.
Learned counsel for the State has opposed the prayer for bail.
Considering the entire material available on record and
willingness of the mother of the petitioner, the Court is of the opinion
that the minor should be released in favour of the mother 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 Additional Sessions Judge-I-cum-Children
Court, Garhwa in connection with Meral P.S. Case No.121 of 2020,
subject to condition that one of the bailors will be the mother
(pairwikar).
Further, concerned Probation Officer is directed to report, once
in three months, to the Juvenile Justice Board, Garhwa regarding the
upkeeping of the minor petitioner.
Accordingly, instant criminal revision being Criminal Revision
No.10 of 2021 is allowed and the impugned judgment dated 17.10.2020
passed by Sri Ajit Kumar, learned Additional Sessions Judge-I-cum-
Children Court, Garhwa in Criminal Appeal (Juvenile Bail) No.34 of
2020 is, hereby, set aside.
(Rajesh Kumar, J.)
Amar/-
