Kisto Marandi @ Kistofar Marandi vs The State Of Jharkhand
2022 Latest Caselaw 782 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Criminal Revision No.604 of 2021
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1. Kisto Marandi @ Kistofar Marandi

2. Sunil Murmu

3. Marshal Kisku

4. Markus Murmu

5. Sadhu Murmu @ Suna Murmu .... .... Petitioners Versus The State of Jharkhand .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Mr. Rohan Mazumdar, 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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nd 05/Dated: 02 March, 2022

1. The instant revision application has been filed against the judgment dated 02.06.2021 passed by the learned Sessions Judge, Dhanbad in Criminal Appeal No.01 of 2021 whereby and whereunder the appeal has been rejected by affirming the order dated 14.12.2020 passed by the learned Principal Magistrate, Juvenile Justice Board, Sahibganj in connection with Ranga P.S. Case No.118 of 2020 corresponding to E. No.02 of 2021 registered under Sections 376(D), 302, 120B and 201 for the Indian Penal Code and under Section 4/6 of the POCSO Act. Now, the case is pending before the learned Principal Magistrate, Juvenile Justice Board, Sahibganj.

2. The juvenile/petitioners have approached this Court and the details are as follows:-

Sr. Name Age (in Through In Custody Since No. years) Guardian (Pairwikar)

1. Kisto Marandi @ Kistofar 16 Mother 14.10.2020 Marandi

2. Sunil Murmu 15 Father 14.10.2020

3. Marshal Kisku 13 Father 14.10.2020

4. Markus Murmu 14 Mother 14.10.2020

5. Sadhu Murmu @ Suna 13 Father 15.10.2020 Murmu

3. It has been submitted by the learned counsel for the revisionists that they have been made accused on the suspicion as it is a case of last seen. Except revisionist No.1 namely Kisto Marandi @ Kistofar Marandi who is in the age group of 16 to 18, all four revisionists are aged under 15 years.

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

5. Considering the period spent in the juvenile home, Social Investigation Report and the mandate of Section 3 of the J.J. Act, the minors-petitioners should be released in favour of their natural guardians who are the pairwikars in the present case. Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Sahibganj in connection with Ranga P.S. Case No.118 of 2020 corresponding to E. No.02 of 2021, subject to condition that one of the bailors must be the natural guardian of the petitioners.

6. Further, concerned Probation Officer is directed to report once in a month to the Juvenile Justice Board, Sahibganj regarding the upkeeping of the minors.

7. Accordingly, instant criminal revision being Criminal Revision No.604 of 2021 stands allowed.

(Rajesh Kumar, J.)

Amar/-