Badal Purty @ Badal Poorti (Minor) vs The State Of Jharkhand
2022 Latest Caselaw 2031 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. Revision No.433 of 2022
         Badal Purty @ Badal Poorti (Minor) s/o Dani Purty aged about 19 years
         represented through Dani Purty, his father/natural guardian.
                                                                ..... ... Petitioner
                                        Versus
         The State of Jharkhand                                 .... .... Respondent
                                     --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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         For the Petitioner            : Mr. R.C.P. Sah, Advocate
         For the State                 : Mr. Shiv Shankar Kumar, A.P.P.
                                    --------
02/03.06.2022           Heard learned counsel for the revisionist and learned A.P.P. for the
          State.

The present criminal revision application is filed against the order dated 27th January, 2022, whereby bail petition filed in connection with R.I.T. P.S. Case No.93 of 2019 has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Seraikella and the judgment dated 4th March, 2022 passed by the learned Sessions Judge, Seraikella-Kharsawan, whereby an appeal being Criminal Appeal (Bail) No.03 of 2022 preferred by the applicant against the order dated 27th January, 2022 has been dismissed in connection with R.I.T. P.S. No.93 of 2019 for the offence under Sections 376(D) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Learned counsel for the revisionist has submitted that the revisionist has been declared juvenile vide order dated 02.08.2019 by the learned Special Judge, POCSO Act, Seraikella. It is further submitted he has no criminal antecedent and has been languishing in jail since 2nd August, 2019. Similarly situated child in conflict with law has already been granted bail by a co- ordinate Bench of this Court vide order dated 21.12.2021 passed in Criminal Revision No.695 of 2020.

Learned A.P.P. opposed the contentions made by the learned counsel for the revisionist; but conceded that child in conflict with law has been languishing in jail for about 2 years and 10 months and also conceded on the point of parity.

In view of the submissions and materials available on record the impugned order passed by the court below needs interference. Accordingly, this criminal revision application is, hereby, allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Seraikella in connection with R.I.T. P.S. Case No.93 of 2019.

(Subhash Chand, J.) Rohit