Santosh Kumar @ Bhakku vs The State Of Jharkhand
2022 Latest Caselaw 389 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Revision No. 623 of 2021
                                          ....

             Santosh Kumar @ Bhakku                              ....     Petitioner
                                          Versus
             The State of Jharkhand                               .... Opposite Party
                                          ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Mr. K.S.Nanda, Adv.
                For the State                    : APP
                                                 ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

....

04/10.02.2022 The instant application has been filed against the judgment dated 28.08.2021 passed by the learned Addl. Sessions Judge-I, Ramgarh in Criminal Appeal (Bail) No.19 of 2021, by which the prayer for bail of the petitioner has been rejected in connection with Mandu (W.B.) P.S. Case No.97 of 2021, registered for the offence under Sections 376/ 511 of the Indian Penal Code and Sections 4/8 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Ramgarh.

The juvenile, who is in custody since 26.04.2021, has approached this Court for release through his father, who is ready and willing to keep the juvenile under his custody with proper care. The juvenile is accused of committing sexual offence on a girl aged about 2 ½ years.

Learned A.P.P. has opposed the prayer for bail.

Perused the social investigation report, it appears that the juvenile aged about 14 years is the son of a labourer. He is taking education in Orion International School, Kedla, Mandu.

Considering the social investigation report and the mandate of Section 3 of the J.J. Act, 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 learned Principal Magistrate, J.J. Board, Ramgarh in connection with Mandu (W.B.) P.S. Case No.97 of 2021, subject to condition that one of the bailor must be the father of the petitioner.

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

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.) Shahid/