Kaila Mian @ Md. Chhotu @ Chhotu ... vs The State Of Jharkhand
2022 Latest Caselaw 686 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.693 of 2021
                                 ----

Kaila Mian @ Md. Chhotu @ Chhotu Mian .... .... Petitioner Versus The State of Jharkhand .... .... Opposite Party

----

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner : Mr. Sudhansu Kr. Deo, Adv.

For the State                          : Mr. Bhola Nath Ojha, A.P.P.
                                 ----

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.

----

th 04/Dated: 24 February, 2022

1. The instant revision application has been filed against the judgment dated 18.11.2021 passed in Criminal (Juvenile Bail) Appeal No.30 of 2021 by the learned 1st Additional Sessions Judge-cum-Special Judge Children's Court, Deoghar whereby and whereunder the prayer for bail of the petitioner has been rejected by affirming the order dated 28.09.2021 passed by the learned Principal Magistrate, Juvenile Justice Board, Deoghar in connection with Kunda P.S. Case No.63 of 2021 corresponding to Enquiry No.154 of 2021 registered for the offence under Section 376 of the Indian Penal Code and under Sections 6 of the POCSO Act. The case is now pending in the court of the learned Principal Magistrate, Juvenile Justice Board, Deoghar.

2. The juvenile-petitioner in the age group of 16 to 18 years at the time of commission of crime has approached this Court through his father who is ready and willing to keep his minor son in his custody and proper care. The juvenile is in remand home since 15.04.2021. It has been submitted that the allegation of Section 376(D) of the Indian Penal Code and Section 6 of the POCSO Act has been alleged against two persons. One of the major co- accused namely Md. Fazir Mian has already been acquitted from the said charge vide judgment dated 14.09.2021 passed in POCSO Case No.18 of 2021.

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

4. Considering the period spent in the juvenile home and social investigation report, the minor-petitioner should be released in favour of his father 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, Deoghar in connection with Kunda P.S. Case No.63 of 2021 corresponding to Enquiry No.154 of 2021, subject to condition that one of the bailors must be the father of the petitioner.

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

6. Accordingly, instant criminal revision being Criminal Revision No.693 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-