Allowed

Aman Kumar v. the State of Jharkhand

Jharkhand HC22 Jun 2021Cr.Rev./257/2021

Case brief

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What is this about?

In a criminal revision, the High Court directed the release of a 16-year-old petitioner on bail, relying on the Juvenile Justice Act. The Court set aside the lower court's order that had rejected the juvenile's bail application in connection with a kidnapping case.

What did the court decide?

Petitioner directed to be released on bail with a bond of Rs. 10,000/- and conditions; impugned order of Additional Sessions Judge set aside.

Aman Kumar Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.257 of 2021

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Aman Kumar …… Petitioner

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Versus

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The State of Jharkhand ….. Opp. Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mr. A. K. Tiwari, A.P.P ---------

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

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04/Dated: 22nd June, 2021

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1. This revision application has been filed against the order dated 03.04.2021, passed by the court of learned Additional Sessions Judge - 1^st , Jamtara, in Criminal Appeal No.06 of 2021, by which the prayer for bail of the petitioner has been rejected in connection with Jamtara P.S. Case No.174 of 2020, registered for the offence under Section 366A of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

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2. It has been submitted by the learned counsel for the petitioner that the petitioner is a minor boy aged about 16 years and he is in Observation Home since 09.02.2021. The allegation has been made regarding kidnapping of a minor girl, aged about 15 years, who is the classmate of the juvenile-petitioner. It has further been submitted that the application has been moved through the mother of the petitioner, who is ready and willing to maintain and take proper care of the juvenile. On the above grounds, prayer for bail of the juvenile has been made.

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3. On the other hand, learned A.P.P has opposed the prayer for bail.

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4. Considering the age of the petitioner and the mandate of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of

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Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Jamtara in connection with Jamtara P.S. Case No.174 of 2020, subject to the condition that one of the bailors must be the mother of the petitioner.

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Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Jamtara regarding the upkeeping of minor.

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5. Accordingly, the instant criminal revision is allowed and the impugned order dated 03.04.2021, passed by the court of learned Additional Sessions Judge - 1^st , Jamtara, in Criminal Appeal No.06 of 2021 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Chandan/-

Aman Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Aman Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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