Som Soren vs The State Of Jharkhand
2021 Latest Caselaw 3464 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Revision No.374 of 2021
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            Som Soren                                  ...           ...      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. Rohan Mazumdar, Adv.
            For the State                 : Mr. Suraj Verma, 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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03/16.09.2021: The instant revision application has been filed for challenging the legality, propriety and correctness of the impugned judgment dated 27.05.2021 passed by the learned Sessions Judge, Sahibganj in Criminal Appeal No.03 of 2021, whereby and whereunder the petitioner preferred the appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act against the order dated 10.02.2021 by which the prayer for bail of the petitioner has been rejected by the learned Juvenile Justice Board, Sahibganj, in connection with Kotalpokhar P.S. Case No.16 of 2020 corresponding to G.R. Case No.375 of 2020 (Enquiry No.08 of 2020), registered for the offence under Sections 302/34 of the Indian Penal Code. Now, the case is pending in the court of the learned Principal Magistrate, Juvenile Justice Board, Sahibganj.

It is submitted by the learned counsel for the petitioner that the petitioner is in observation home since 23.03.2020. The juvenile disclosing his age below 16 years (13 years) has approached this Court through his sister who is ready and willing to keep him in her proper custody and care. Further, it has been submitted that there is family dispute between the parties and in the scuffle the victim has died and the entire family member of this juvenile has been implicated in this case.

Learned counsel for the State has opposed the prayer for bail. From perusal of the social investigation report and considering the mandate under Section 3 of the J.J. Act, the Court is of the opinion that the minor should be released in favour of the sister 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, Sahibganj in connection with Kotalpokhar P.S. Case No.16 of 2020 corresponding to G.R. Case No.375 of 2020 (Enquiry No.08 of 2020), subject to condition that one of the bailors will be the sister of the petitioner.

Further, concerned Probation Officer is directed to report once in a month, to the Juvenile Justice Board, Sahibganj regarding the upkeeping of the minor.

Accordingly, instant criminal revision being Criminal Revision No.374 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-