Allowed

Mukesh Kumar Mahto v. the State of Jharkhand

Jharkhand HC18 Jun 2021Cr.Rev./260/2021

Case brief

AI extract

What is this about?

In a criminal revision, the High Court set aside a bail order. The petitioner, accused under POCSO and IPC regarding a minor, was remanded to a probation home while awaiting trial with mother's custody.

What did the court decide?

The impugned order granting bail is set aside; the petitioner is directed to be released on bail with his mother as a surety and monthly reporting by the probation officer.

Mukesh Kumar Mahto Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 260 of 2021

¶2

Mukesh Kumar Mahto	.... Versus	.…	Petitioner
1. The State of Jharkhand 2. Jhano Devi CORAM: HON’BLE MR. J	.... USTICE RAJESH KUMAR	....	Opposite Parties
For the Petitioner For the Opposite Parties	: Mr. Amit Kumar, Adv. : Mr. B.N.Ojha, APP ....

¶3

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 are good.

¶4

04/18.06.2021

¶5

The instant application has been filed against the order dated 15.03.2021 passed by the learned AJC-IV cum Spl. Judge, POCSO, Ranchi in Criminal Appeal No. 06 of 2021, arising out of Thakurgaon P.S. Case No.46 of 2020 corresponding to POCSO Case No.132 of 2020 registered for the offence under Section 376 of the Indian Penal Code and under Sections 3/4 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Ranchi.

¶6

It is submitted by the learned counsel for the petitioner that the petitioner is in probation home since 11.09.2020. Investigation has already been completed and he is ready to co-operate in the trial. It has been alleged that on the false pretext of marriage, this petitioner has established physical relationship with the victim girl aged about 17 years. The age of the accused has been assessed as 13 years and 02 months and 25 days on the date of occurrence. It has been further submitted that the mother of this petitioner is parwikar and she is ready to keep the minor child under her custody with proper care. On above facts, prayer for bail has been made.

¶7

Learned A.P.P. has opposed the prayer for bail and submitted that the victim girl has supported the allegation in her statement made under Section 164 of the Cr.P.C.

¶8

Considering the material available on record and especially the age of the parties and the fact that the mother of the petitioner is parwikar and she is ready to keep the child under her 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 learned Principal Magistrate, J.J. Board, Ranchi in connection with Thakurgaon P.S. Case No.46 of 2020 corresponding to POCSO Case No.132 of 2020 subject to condition that one of the bailor must be mother of this petitioner.

¶9

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

¶10

Accordingly, instant criminal revision is allowed and the impugned order dated 15.03.2021 passed by the learned AJC-IV cum Spl. Judge POCSO, Ranchi in Criminal Appeal No. 06 of 2021, arising out of Thakurgaon P.S. Case No.46 of 2020 corresponding to POCSO Case No.132 of 2020 is, hereby, set aside.

¶11

(Rajesh Kumar, J.)

¶12

Shahid/

Mukesh Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivdayal Lohra Vs the State of Jharkhand

Kuldeep Sao Vs the State of Jharkhand

Alok Raj Vs the State of Jharkhand

Sanjay Kumar Sahu Vs the State of Jharkhand

Raja Kumar Alias Shiv Shankar Kumar Das Alias Shiv Shankar Das Vs the State of Jharkhand

Susahansa Ansari Alias Sahansha Ansari Vs the State of Jharkhand