Allowed

Diwakar Paswan v. the State of Jharkhand

Jharkhand HC20 Jul 2021Cr.Rev./224/2021

Case brief

AI extract

What is this about?

This criminal revision allowed, setting aside the impugned judgment rejecting bail. The High Court, considering the petitioner is a minor in observation home, uncorroborated victim testimony, and willingness of his father (pairwikar) for custody, directed his release on bail subject to reporting conditions.

What did the court decide?

Criminal Revision allowed; impugned judgment dated 12.03.2021 set aside; minor directed to be released on bail of Rs.10,000 with conditions.

Diwakar Paswan Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.224 of 2021

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Diwakar Paswan … … Petitioner Versus The State of Jharkhand … … Opposite Party

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--- For the Petitioner : Mr. Deepak Kumar, Adv. For the State : Mr. Prabir Kr. Chatterjee, A.P.P.

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

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04/20.07.2021: The instant revision application has been filed against the judgment dated 12.03.2021 passed by the court of learned District & Additional Sessions Judge-1, Koderma in Criminal Appeal (Spl. Children Court) No.02 of 2021, whereby and whereunder the petitioner preferred the criminal appeal against the order dated 20.01.2021, by which the prayer for bail of the petitioner has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Koderma, in connection with Jainagar P.S. Case No.234 of 2020, registered for the offence under Sections 376(2)(i)/34 of the Indian Penal Code and under Sections 4/8 of the POCSO Act & under Section 67 of the I.T. Act. Now, the case is pending in the court of the learned Juvenile Justice Board, Koderma.

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It is submitted by the learned counsel for the petitioner that the petitioner is in observation home since 17.10.2020 and aged about 16 years. It has been stated that the enquiry is in progress and the main witnesses including the victim-girl had already been examined who had not supported the case. Further, the learned counsel submits that the pairwikar is the father of the petitioner and he is ready and willing to keep his minor son in his custody. On this basis, prayer for bail has been made.

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Learned counsel for the State has opposed the prayer for bail. Considering the entire materials available on record and willingness of the father of the petitioner, the Court is of the opinion that the minor should be released in favour of the father who is the pairwikar in the present case. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

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Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Koderma in connection with Jainagar P.S. Case No.234 of 2020, subject to condition that one of the bailors will be the father of the petitioner.

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Further, concerned Probation Officer is directed to report, once in three months, to the Juvenile Justice Board, Koderma regarding the upkeeping of the minor.

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Accordingly, instant criminal revision being Criminal Revision No.224 of 2021 is allowed and the impugned judgment dated 12.03.2021 passed by the court of learned District & Additional Sessions Judge-1, Koderma in Criminal Appeal (Spl. Children Court) No.02 of 2021 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Diwakar Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Diwakar Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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