Prakash Purti vs The State Of Jharkhand
2021 Latest Caselaw 4150 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.769 of 2020
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Prakash Purti                              .... .... 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. Rajesh Kumar, Adv.
For the State                        : Mr. Anup Pawan Topno, A.P.P.
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              nd
10/Dated: 02 November, 2021

1. The instant revision application has been filed against the judgment dated 11.06.2020 passed by the learned Additional Sessions Judge-1st, Bokaro, in Criminal Appeal No.27 of 2020, whereby and whereunder the petitioner preferred the criminal appeal against the order dated 14.05.2020, by which the prayer for bail of the petitioner has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Bokaro in connection with Bokaro Mahila P.S. Case No.30 of 2019 corresponding to G.R. Case No.80 of 2019, registered for the offence under Section 376 of the Indian Penal Code and under Section 10 of the POCSO Act. The case is now pending before the learned Principal Magistrate, Juvenile Justice Board, Bokaro.

2. It is submitted by the learned counsel for the revisionist that the juvenile is in observation home since 03.10.2019 and his age is below 15 years. It has been alleged that the juvenile had committed rape upon a minor aged about 7 years. Further, the learned counsel submits that the juvenile has approached this Court through his mother who is ready and willing to keep this juvenile under her proper custody and care. On this basis, prayer for bail has been made.

3. Counsel for the State has opposed the prayer for bail.

4. Considering the social investigation report and the mandate of Section 3 of the J.J. Act, 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 Principal Magistrate, Juvenile Justice Board, Bokaro in connection with Bokaro Mahila P.S. Case No.30 of 2019 corresponding to G.R. Case No.80 of 2019, subject to condition that one of the bailors will be the mother (pairwikar) of the juvenile in this Case.

5. Further, the concerned Probation Officer is directed to report, once in a month, to the Principal Magistrate, Juvenile Justice Board, Bokaro regarding the upkeeping of the juvenile.

6. Accordingly, instant criminal revision being Criminal Revision No.769 of 2020 stands allowed.

(Rajesh Kumar, J.)

Amar/-