Allowed

Santosh Kumar Singh And Anr. v. The State Of Jharkhand

Jharkhand HC14 Feb 2017Cr.Rev./90/2017

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision petition. It set aside the lower court order rejecting a bail application for juvenile petitioners, directing the Principal Magistrate to release them on bond with their mother undertaking safe custody.

What did the court decide?

Set aside the order of the learned 1st Additional Sessions Judge dismissing the bail application. Direct the Principal Magistrate, Juvenile Justice Board to release petitioners on bail.

Santosh Kumar Singh And Anr. Vs The State Of Jharkhand — Bail and Remand | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 90 of 2017

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Santosh Kumar Singh, Son of Sri Sukhdeo Singh.

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Nandu Singh @ Anand Singh @ Nandu Kumar @ Anand Kumar Singh, Son of Baleshwar Singh, both residents of Vill-Tilaya, P.O. P.S. Jasidih, District-Deoghar. ..... Petitioners Versus

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The State of Jharkhand.

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... .Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Prashant Pallav, Advocate For the State : APP

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04/14.2.2017 Heard the parties.

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This application is directed against the order dated 18.11.2016, passed by the learned 1st Additional Sessions Judge, Deoghar in Criminal ( Juvenile) Appeal No. 13 of 2016, whereby and whereunder the appeal preferred by the petitioners against the order dated 21.9.2016, passed by the learned Principal Magistrate, Juvenile Justice Board, Deoghar, in connection with Enquiry No. 110 of 2016, rejecting the prayer for bail has been dismissed.

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It has been submitted by the learned counsel for the petitioners that the petitioners have falsely been implicated in the present case on account of previous enmity existing between the father of the petitioners and the informant and a proceeding under section 107 Cr.P.C. is also going on. It has further been submitted that the main allegations of assault with rod on the head of the deceased has been attributed to one Baleshwar Singh, who has been granted bail by this Court. It has also been submitted that the petitioner is in custody since 27.5.2016 and the mother of the petitioners undertakes to keep them in safe custody and she will not allow them to come in contact with anti social elements.

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

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It appears that father of the petitioners and the informant were on inimical terms from before. The main allegation has been attributed to one Baleshwar Singh and Sukhdeo Singh. The petitioners are in custody since 27.5.2016. In such circumstances, impugned order 18.11.2016, passed by the learned 1st Additional Sessions Judge, Deoghar in Criminal ( Juvenile) Appeal No. 13 of 2016, whereby and whereunder the appeal preferred by the petitioners against the order dated 21.9.2016, passed by the learned Principal Magistrate, Juvenile Justice Board, Deoghar, in connection

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with Enquiry No. 110 of 2016, rejecting the prayer for bail has been dismissed, are set aside. This application is allowed.

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Petitioners, named above, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each only, with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Deoghar, in connection with Jasidih P.S. Case No. 109 of 2016, G.R. No. 771 of 2016, with a condition that the mother of the petitioners will keep the petitioners at a safe place and will not allow them to meet any bad element and mother of the petitioners is further directed to produce the petitioners before Juvenile Justice Board, Deoghar on each and every date fixed in the concerned case, till the conclusion of the inquiry. Let the order be sent through fax at the cost of the petitioners.

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(Rongon Mukhopadhyay, J)

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Rakesh/

Santosh Kumar Singh And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Santosh Kumar Singh And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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