Mithun Kumar Das vs The State Of Jharkhand
2022 Latest Caselaw 400 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Revision No. 97 of 2020
                                          ....

             Mithun Kumar Das                                   ....     Petitioner
                                          Versus
             The State of Jharkhand                              .... Opposite Party
                                          ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner               : Ms. Aanya, 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.

....

10/10.02.2022 The instant application has been filed against the judgment dated 21.12.2019 passed by the learned Sessions Judge, Sahibganj in Criminal Appeal No.67 of 2019, by which the prayer for bail of the petitioner has been rejected in connection with Taljhari P.S. Case No.222 of 2019, G.R. Case No.1515 of 2019, (E. No.27 of 2019), registered for the offence under Section 376 of the Indian Penal Code and Section 8 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Sahibganj.

The juvenile is in custody since 22.07.2019, has approached this Court for release through his elder brother, who is ready and willing to keep the juvenile under his custody with proper care. The juvenile has committed rape upon a girl aged about 13 years.

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

Having heard learned counsel for both the parties and on perusal of materials available on record and further considering 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, Sahibganj in connection with Taljhari P.S. Case No.222 of 2019, G.R. Case No.1515 of 2019, (E. No.27 of 2019), subject to condition that one of the bailor must be the elder brother of the petitioner.

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

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.) Shahid/