Jharkhand High Court
Vivek Kumar Mishra vs The State Of Jharkhand on 2 February, 2022
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.202 of 2021
Vivek Kumar Mishra ...... 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 : Mr. Mohit Prakash, Advocate
For the State : Mr. Veervijay Pradhan, A.P.P
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good).
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nd
08/Dated: 02 February, 2022
1. The present revision application has been filed against
the judgment dated 26.02.2021, passed by the court of
learned Additional Sessions Judge - I -cum- Special Judge,
(Children's Court), Gumla, in Criminal Appeal Case No.04 of
2021, whereby the prayer for bail of the juvenile has been
rejected in connection with Ghaghra P.S. Case No.164 of
2020, registered for the offence under Sections 302/ 201/ 34
of the Indian Penal Code.
2. The juvenile, who is in custody since 06.11.2020, 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. The juvenile has been made an
accused for committing the offence under Sections 302/ 201/
34 of the Indian Penal Code. The police after investigation has
found the sufficient materials showing the involvement of this
juvenile in the commission of crime.
It has been submitted by the learned counsel for the
revisionist that the juvenile is below the age of 16 years and
the matter is still under enquiry. Further, the juvenile had
appeared in the Matriculation examination and he has
secured first class and for protecting the career of the
juvenile he should be released on bail.
3. On the other hand, learned counsel for the State has
opposed the prayer. It has been submitted by the learned
A.P.P that the habit of the juvenile is not proper and
corrective measures have to be taken by keeping him under
the institutional care.
4. Having heard learned counsel for the parties and from
perusal of the record, it appears that there is sufficient
materials showing the involvement of this juvenile in
commission of the crime. The juvenile has been produced
before the police by his mother herself.
Considering the Social Investigation report, the marks
obtained by the juvenile in the Matriculation examination and
further, 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, Gumla in connection with
Ghaghra P.S. Case No.164 of 2020, 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, Gumla
regarding up keeping of minor and the Board is at liberty to
take the juvenile under its custody, if anything adverse
reported by the Probation Officer.
5. Accordingly, the instant revision is allowed and the
impugned judgment dated 26.02.2021, passed by the court of
learned Additional Sessions Judge - I -cum- Special Judge,
(Children's Court), Gumla, in Criminal Appeal Case No.04 of
2021, is hereby, set aside.
(Rajesh Kumar, J.)
Chandan/-
