Libin Kharia @ Nivin Khariar vs The State Of Jharkhand .... Opposite ...
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Jharkhand High Court

Libin Kharia @ Nivin Khariar vs The State Of Jharkhand .... Opposite ... on 18 November, 2024

Author: Rajesh Kumar

Bench: Rajesh Kumar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Criminal Revision No.210 of 2024
                             ....

Libin Kharia @ Nivin Khariar, aged about 12 years, son of Gulshan Khariya, resident of Ambowa Beltoli, P.O. Kesipara, P.S. Gumla, District-Gumla (Jharkhand) through his mother Sumanti Khariain, aged about 34 years, wife of Gulshan Khariya, resident of Ambowa Beltoli, P.O. Kesipara, P.S. Gumla, District-Gumla (Jharkhand) .... Petitioner Versus The State of Jharkhand .... Opposite Party ....

CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner            : Mr. Ankit Apurva, Adv.
For the State                 : Mr. Rajesh Kumar, A.P.P.
                              ....
07/18.11.2024

1. The instant revision application has been filed against the judgment dated 08.01.2024 passed by the learned Special Judge (Children's Court), Gumla in Criminal Appeal No.81 of 2023 affirming the order dated 02.12.2023 passed by the learned Principal Magistrate, J.J. Board, Gumla in Spt. G.R. Case No.106 of 2023 arising out of Gumla P.S. Case No.163 of 2023, registered for the offence under Sections 376(DA)/ 376(DB)/ 323/ 504/ 506 of IPC and Sections 4/6 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Gumla.

2. The Juvenile in conflict with law, is in custody since 19.05.2023, has approached this Court for release through his mother, who is ready and willing to keep her child under her custody with proper care. On above fact prayer for bail has been made.

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

4. Perused the social investigation report submitted by the court below.

5. Considering the social investigation report, 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 Spt. G.R. Case No.106 of 2023 arising out of Gumla P.S. Case No.163 of 2023, subject to condition that one of the bailors must be the mother of the petitioner.

6. Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Gumla regarding the up keeping of minor.

7. Accordingly, the judgment dated 08.01.2024 passed by the learned Special Judge (Children's Court), Gumla in Criminal Appeal No.81 of 2023 and the order dated 02.12.2023 passed by the learned Principal Magistrate, J.J. Board, Gumla in Spt. G.R. Case No.106 of 2023 arising out of Gumla P.S. Case No.163 of 2023 are, hereby, quashed and set aside.

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

                                                                      (Rajesh Kumar, J.)
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