Aftab Ansari vs The State Of Jharkhand
2022 Latest Caselaw 194 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.629 of 2021

    Aftab Ansari
    @ Aftab Ansar                                  ......      Petitioner
                             Versus
    The 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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04/Dated: 01st February, 2022

    1.     Nobody appears.

2. The present revision application has been filed against the judgment dated 30.09.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, Children Court, Lohardaga, in Criminal Appeal No.18 of 2021, whereby the prayer for bail of the juvenile has been rejected in connection with Lohardaga (Mahila) P.S. Case No.47 of 2020, corresponding to Spl. POCSO No.04 of 2021, registered for the offence under Section 376 of the Indian Penal Code and under Sections 4/6 of the POCSO Act.

3. The juvenile, who is below the age of 14 years, 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. On perusal of the record, it appears that the juvenile has been made an accused of establishing physical relationship on the pretext of marriage with the victim girl.

Considering the age of the juvenile, Social Investigation report and 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, Lohardaga in connection with Lohardaga (Mahila) P.S. Case No.47 of 2020, corresponding to Spl. POCSO No.04 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, Lohardaga regarding up keeping of minor.

4. Accordingly, the instant revision is allowed and the impugned judgment dated 30.09.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, Children Court, Lohardaga, in Criminal Appeal No.18 of 2021, is hereby, set aside.

(Rajesh Kumar, J.) Chandan/-