Gautam Kumar @ Goutam Kumar vs The State Of Jharkhand
2022 Latest Caselaw 239 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.622 of 2021
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Gautam Kumar @ Goutam Kumar .... .... 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. Arwind Kumar, Adv. For the State : Mrs. Vandana Bharti, 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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rd 05/Dated: 03 February, 2022

1. The instant revision application has been filed against the judgment dated 23.09.2021 passed in Criminal (Misc.) Appeal No.58 of 2021 by the learned Additional Sessions Judge-I, Giridih, whereby and whereunder the prayer for bail of the petitioner has been rejected by confirming the order dated 11.08.2021 passed by the learned Juvenile Justice Board, Giridih in connection with Bagodar P.S. Case No.115 of 2021 (E.N. No.271 of 2021) registered for the offence under Section 376(3) of the Indian Penal Code and under Sections 4/6 of the POCSO Act.

2. The juvenile-petitioner has approached this Court through his mother who is ready and willing to keep her minor son in her custody and proper care. The juvenile is in custody since 02.07.2021. Further, it has been submitted that the juvenile is accused of committing rape upon a girl aged about 14 years. It appears that both were in the room and has been seen by the mother of the girl. The medical report does not support the allegation. On the above facts, the prayer for bail has been made.

3. Learned counsel for the State has opposed the prayer for bail.

4. Considering the materials available on record, the social investigation report and the mandate of Section 3 of the J.J. Act, the minor-petitioner should be released in favour of his 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, Giridih in connection with Bagodar P.S. Case No.115 of 2021 (E.N. No.271 of 2021), subject to condition that one of the bailors must be the mother of the petitioner.

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

6. Accordingly, instant criminal revision being Criminal Revision No.622 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-