Aman Sinku @ Pagar vs The State Of Jharkhand .... Opp. Party
2024 Latest Caselaw 10313 Jhar

Jharkhand High Court

Aman Sinku @ Pagar vs The State Of Jharkhand .... Opp. Party on 11 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Revision No. 1372 of 2023
                             ....

1. Aman Sinku @ Pagar, aged about 18 years, son of Dikul Sinku, represented By his natural guardian/mother Viram Sinku, D/o Nandu Sinku, resident Of Beradhipa, P.O. and P.S. Bagbera, Town Jamshedpur, District-East Singbhum, Jharkhand

2. Suraj Lohar @ Suraj Karmakar, aged about 18 years, son of late Vishnu Lohar, represented by his natural guardian/mother Renu Karmakar @ Renu wife of Vishnu Lohar, resident of Ghaghidih, P.O. and P.S. Bagbera, Town Jamshedpur, District East Singhbhum, Jharkhand .... Petitioners Versus The State of Jharkhand .... Opp. Party ....

CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

For the Petitioners           : Mr. D.K.Karmakar, Adv.
For the State                 : Mrs. Mohua Palit, APP.
                              ....
07/11.11.2024
1.       Heard the parties.

2. The instant revision has been filed against the judgment dated 18.08.2023 passed by the learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur in Criminal Appeal No.139 of 2023 affirming the order dated 22.06.2023 passed by the learned Principal Magistrate, J.J. Board, Jamshedpur in connection with Bagbera P.S. Case No.80 of 2022, registered for the offence under Sections 341/ 323/ 506 and 376-D of the Indian Penal Code and Section 6 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Jamshedpur.

3. The Juveniles in conflict with law, are in custody since 30.05.2022, have approached this Court for release through their mother, who are ready and willing to keep their child under their custody with proper care. It has been submitted by learned counsel for the petitioners that the juveniles are accused for committing rape but the Juvenile Justice Board has not send the case for trial to the children court rather it has been kept by the board itself. Further, the juveniles were just below the age of 18 years at the time of commission of crime and the victim was aged about 16 years. The social investigation report also suggests that the poverty and illiteracy are one of the reason to commit such crime. On above fact prayer for bail has been made.

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

5. Considering the social investigation report and the fact that the juveniles have attained majority, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, J.J. Board, Jamshedpur in connection with Bagbera P.S. Case No.80 of 2022, subject to condition that one of the bailors must be the mother of the petitioners.

6. Accordingly, the judgment dated 18.08.2023 passed by the learned Additional Sessions Judge-I, East Singhbhum, Jamshedpur in Criminal Appeal No.139 of 2023 and the order dated 22.06.2023 passed by the learned Principal Magistrate, J.J. Board, Jamshedpur are, hereby, set aside.

7. Thus, the present criminal revision stands allowed and disposed of.

                                                                         (Rajesh Kumar, J.)
Shahid/
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