Shivchand Oraon vs State Of Jharkhand
2022 Latest Caselaw 981 Jhar

                          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Criminal Revision No.75 of 2022
                                            ....

                Shivchand Oraon                                    ....    Petitioner
                                            Versus
                State of Jharkhand                                  .... Opposite Party
                                            ....
                CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

             For the Petitioner              : Mr. O.N.Tiwary, Adv.
             For the State                   : Mr. V.S.Sahay, A.P.P.
                                             ....
03/10.03.2022             The instant application has been filed against the judgment dated

17.01.2022 passed by the learned Special Judge (Children's Court), Gumla in Criminal Appeal Case No.01 of 2022 affirming the order dated 13.12.2021 passed in Regular Bail No.1319 of 2021 by the Principal Magistrate, Juvenile Justice Board, Gumla in connection with Gumla P.S. Case No.298 of 2021, corresponding to G.R. Case No.860 of 2021, registered for the offence under Section 376(3) of the Indian Penal Code and Section 4/6 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Gumla.

The Juvenile below the age of 16 years is in custody since18.10.2021, has approached this Court for release through his father, who is ready and willing to keep his child under his custody with proper care. It has been submitted by learned counsel for the petitioner that the juvenile is accused for committing rape upon a girl aged about 18 years on the pretext of marriage. On above fact prayer for bail has been made.

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

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, Gumla in connection with Gumla P.S. Case No.298 of 2021, corresponding to G.R. Case No.860 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, Gumla regarding the up keeping of minor.

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.)

Shahid/