Jharkhand High Court
Amit Mahto Aged About 16 Years vs The State Of Jharkhand .... .... ... on 16 October, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.398 of 2024
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Amit Mahto aged about 16 years, son of Late Harmu Mahto @ Harasu Mahato,
represented through his mother namely Jaso Devi, resident of Village - Loharsi, P.O.
- Malhan, P.S. - Chandwa, District - Latehar. .... .... Petitioner(s)
Versus
The State of Jharkhand .... .... Opposite Party(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Rakesh Kumar, Adv.
For the State : Mrs. Kumari Rashmi, A.P.P.
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05/Dated: 16th October, 2024
1. Heard the learned counsel for the parties.
2. The present revision application has been filed against the judgment dated
05.02.2024, passed by the court of learned Additional Sessions Judge-I-cum-
Special Judge, Children Court, Latehar, in Criminal Appeal No.56 of 2023
whereby the bail of the revisionist has been rejected by affirming the order dated
14.09.2023 passed by the court of learned Principal Magistrate, Juvenile Justice
Board, Latehar in Chandwa P.S. Case No.132 of 2023 (Special POCSO Case
No.43 of 2023 corresponding to its E.R. No.16 of 2023), registered for the
offence under Sections 376(2)(n) and 313 of the Indian Penal Code and under
Sections 4 & 6 of the POCSO Act.
3. Through this revision application prayer for release of the juvenile in
conflict with law has been made. It is submitted by the learned counsel for the
petitioner that the petitioner is aged about 16 years and he is in judicial custody
since 21.06.2023. The maximum punishment prescribed for the offence is three
years. The juvenile has approached this Court through his mother, who is ready
and willing to maintain and keep the juvenile in her 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. On the other hand learned A.P.P has opposed the prayer for bail.
5. After perusing the social investigation report, this Court is inclined to
release the juvenile in favour of the mother. Accordingly, the petitioner, 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, Latehar in
Chandwa P.S. Case No.132 of 2023 (Special POCSO Case No.43 of 2023
corresponding to its E.R. No.16 of 2023), subject to the condition that one of the
bailors must be the mother of the petitioner.
6. Further, concerned Probation Officer is directed to report, once in two
months, to the Juvenile Justice Board, Latehar regarding the upkeeping of the
minor.
7. 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.
8. Accordingly, the instant criminal revision is allowed and the impugned
order dated 05.02.2024, passed by the court of learned Additional Sessions
Judge-I-cum-Special Judge, Children Court, Latehar in Criminal Appeal No.56
of 2023, is hereby, set aside.
(Rajesh Kumar, J.)
Amar/-
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