Dewakar Kumar vs State Of Jharkhand
2022 Latest Caselaw 192 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.729 of 2021

    Dewakar Kumar
    @ Diwakar Kumar                          ......      Petitioner
                            Versus
    State of Jharkhand                       .....    Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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    For the Petitioner      : None
    For the State           : None
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                    (Through Video Conferencing).
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03/Dated: 01st February, 2022

    1.    Nobody appears.

2. The present revision application has been filed against the judgment dated 07.09.2021, passed by the court of learned Additional Sessions Judge - I -cum- Children Court, Hazaribag, in Criminal Appeal (Juvenile) No.28 of 2021, whereby the prayer for bail of the juvenile has been rejected in connection with Barkagaon P.S. Case No.87 of 2021 (Enquiry No.194 of 2021), registered for the offence under Sections 366(A) and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The juvenile, who is in custody since 29.05.2021, has approached this Court for his release on bail through his father, who is ready and willing to keep this juvenile under his proper care and custody. It has been alleged that the juvenile has kidnapped and committed rape upon the minor girl of the informant, who is aged about 16 years. On perusal of the impugned judgment, it appears that the court below has rejected the application of the juvenile mainly on the ground that the said incident has given tension between two different castes as the boy and the girl are of different caste. The matter is still under enquiry.

Considering the the mandate of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Hazaribag in connection

with Barkagaon P.S. Case No.87 of 2021 (Enquiry No.194 of 2021), subject to the condition that one of the bailors must be the father of the petitioner.

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

4. Accordingly, the instant revision is allowed and the impugned judgment dated 07.09.2021, passed by the court of learned Additional Sessions Judge - I -cum- Children Court, Hazaribag, in Criminal Appeal (Juvenile) No.28 of 2021, is hereby, set aside.

(Rajesh Kumar, J.) Chandan/-