Allowed

Rohit Hazra Alias Bajrangi Alias Rohit Kumar Hazra v. the State of Jharkhand

Jharkhand HC3 Aug 2021Cr.Rev./101/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision against a bail refusal order. Finding the petitioner as a juvenile, with his father willing to care for him, the court directed his release on bail under Section 3 of the Juvenile Justice Act, setting aside the lower court's order.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000 and two sureties; probation officer to report monthly; impugned order set aside.

Rohit Hazra Alias Bajrangi Alias Rohit… — Child Custody and Guardianship | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 101 of 2021

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Rohit Hazra @ Bajrangi @ Rohit Kumar Hazra …. ….Petitioner -VersusThe State of Jharkhand …. ….Opp. Party CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR ……. For the Petitioner : - Mr. Rakesh Kumar, Adv. For the State : - Mr. Pradeep Kr. Verma, A. P.P.

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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities were good.

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05/03.08.2021 Heard learned counsel for the petitioner and learned counsel for the State.

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The instant application has been filed against the order dated 22.12.2020 passed by Sri Janardan Singh, learned District & Additional Sessions Judge-I-cumSpecial Judge, Bokaro in Criminal Appeal No. 62 of 2020 by which the prayer for bail of the petitioner has been rejected in connection with Chas (Mufassil) P.S. Case No. 10 of 2020 registered for the offence under Sections 363/376 of the Indian Penal Code and Section 4/12 of POCSO Act and the same is presently pending in the court of learned Principal Magistrate, Juvenile Justice Board, Chas, Bokaro.

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It is submitted by the learned counsel for the petitioner that the juvenile petitioner is in observation home since 14.02.2020. It has been further submitted by the learned counsel for the petitioner that the father of the petitioner is ready and willing to keep minor child under his custody with proper care. It has been further submitted that there was love affair between the parties. The age of the girl is 13 years and the age of the boy is 15 years at the time of incident. On the above facts, prayer for bail has been made.

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

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Having heard learned counsel for the parties and from perusal of the social investigation report and the mandate of Section 3 of the Juvenile Justice (Care and Protection of Children) Act and the fact that the father of the petitioner is ready and willing to keep minor child under his custody with proper care, 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 the court of Principal Magistrate, Juvenile Justice Board, Chas, Bokaro in connection with Chas (Mufassil) P.S. Case No. 10 of 2020 subject to condition that one of the bailor must be the father of this petitioner.

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

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Accordingly, instant criminal revision is allowed and the impugned order dated 22.12.2020 passed by Sri Janardan Singh, learned District & Additional Sessions Judge-I-cum-Special Judge, Bokaro in Criminal Appeal No. 62 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Kamlesh/

Rohit Hazra Alias Bajrangi Alias Rohit Kumar Hazra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rohit Hazra Alias Bajrangi Alias Rohit Kumar Hazra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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