Jharkhand High Court
Noor Alam @ Nur Alam @ Junaid @ Md. Nur Alam vs The State Of Jharkhand .... .... ... on 19 November, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.141 of 2024
----
Noor Alam @ Nur Alam @ Junaid @ Md. Nur Alam, aged about 14 years, through
his natural guardian and Father Shri Irshad Alam @ Md. Irshad Alam, aged about 40
years, son of Divakar Ghanshi, resident of - Near Madina Masjid, Mohalla -
Jalwabad, P.O. + P.S. - Koderma, District - Koderma.
.... .... Petitioner(s)
Versus
The State of Jharkhand .... .... Opposite Party(s)
----
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
----
For the Petitioner(s) : Mr. Randhir Kumar, Adv.
For the State : Mrs. Amrita Kumari, A.P.P.
For the Informant : Mr. Ashok Kr. Sinha, Adv.
----
07/Dated: 19th November, 2024
1. Heard the learned counsel for the parties.
2. The present revision application has been filed for setting aside the
judgment dated 11.01.2024 passed by the court of learned Additional Sessions
Judge-I-cum-Special Judge, (Children's Court), Koderma in Criminal Appeal
(Spl. Children's Case) No.09 of 2023, whereby the prayer for bail of the juvenile
has been rejected and affirmed the order dated 23.11.2023 passed by the court of
learned Principal Magistrate, Juvenile Justice Board, Koderma in connection
with Koderma P.S. Case No.169 of 2023 registered for the offence under
Sections 363/34 of the Indian Penal Code but later on Section 302 of the IPC has
been added vide order dated 20.09.2023. Now the case is pending in the court of
the learned Principal Magistrate, Juvenile Justice Board, Koderma.
3. Through this revision application prayer for release of the juvenile in
conflict with law has been made. It has been submitted by the learned counsel
for the petitioner that the age of the juvenile has been assessed as 14 years at the
time of occurrence and he is in remand home since 20.09.2023. The juvenile has
approached this Court through his father who is ready and willing to maintain
and keep the juvenile in his proper custody and care. The case has been kept by
the Juvenile Justice Board. On the above facts, prayer for bail of the juvenile has
been made.
4. Learned counsel for the State and the Informant have opposed the prayer
for bail.
5. Having heard the parties and after perusing the social investigation report,
it appears that the child in question is matriculate and further it is a case of
parental negligence. Now, the father of the juvenile has shown his willingness to
take care of his child with proper care and custody.
6. Considering the above observation, this Court is inclined to release the
juvenile in favour of the father. Accordingly, the juvenile, above named, is
directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten
thousand) with two sureties of the like amount each to the satisfaction of learned
Principal Magistrate, Juvenile Justice Board, Koderma in connection with
Koderma P.S. Case No.169 of 2023, subject to the condition that one of the
bailors must be the father of the petitioner.
7. Further, concerned Probation Officer is directed to report, once in a
month, to the Juvenile Justice Board, Koderma regarding the upkeeping of the
minor.
8. It is made clear that if any adverse remarks is given by the Probation
Officer, the Juvenile Justice Board is at liberty to take the petitioner into custody.
9. Accordingly, the instant criminal revision is allowed and the impugned
judgment dated 11.01.2024 passed by the court of learned Additional Sessions
Judge-I-cum-Special Judge, (Children's Court), Koderma in Criminal Appeal
(Spl. Children's Case) No.09 of 2023 and order dated 23.11.2023 passed by the
learned Principal Magistrate, Juvenile Justice Board, Koderma in connection
with Koderma P.S. Case No.169 of 2023, are hereby, quashed and set aside.
(Rajesh Kumar, J.)
Amar/-
Uploaded
Page | 2 Criminal Revision No.141 of 2024
