Allowed

Sameer Khan v. the State of Jharkhand

Jharkhand HC5 Aug 2021Cr.Rev./272/2021

Case brief

AI extract

What is this about?

Criminal Revision allowed. High Court ordered release of juvenile petitioner on bail, setting aside Special Judge's rejection, directing Probation Officer to report on custody, and allowing bond after sureties.

What did the court decide?

Bail order dated 24.03.2021 set aside; Juvenile released on Rs.10,000 bond with two sureties, one being mother; Probation Officer to report monthly.

Sameer Khan 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. 272 of 2021

....

Sameer Khan

.… Petitioner Versus

The State of Jharkhand 2. Jaiussleheen .... Opposite Parties .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Suraj Kumar, Adv. For the Opposite Party : Ms. Nehala Sharmin, APP For the Opposite Party No.2 : Mr. Achinto Sen, Adv.

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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 are good.

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04/05.08.2021 The instant application has been filed against the order dated 24.03.2021 passed by the learned Special Judge, POCSO Act cum Children’s Court, Palamau at Daltonganj in Criminal Appeal No.02 of 2021 by which the prayer for bail of the petitioner has been rejected in connection with Hussainabad P.S. Case No.321 of 2020, registered for the offence under Sections 376D & 363 of the Indian Penal Code and under Section 4/8 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Palamau.

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It is submitted by learned counsel for the petitioner that the juvenile petitioner is in probation home since 13.12.2020. It has been further submitted that the juvenile petitioner has approached this Court for release through his mother, who is ready and willing to keep her minor child under her custody with proper care. It has been further submitted that the petitioner has neither named in the F.I.R. nor has been implicated by the victim girl in her statement made under Section 164 of the Cr.P.C. The victim girl has specifically stated that this petitioner was not involved in the commission of crime. On above facts, prayer for bail has been made.

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

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In the attending facts and circumstances of the case and the fact that the mother of the petitioner is ready to keep her minor 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, Palamau in connection with Hussainabad P.S. Case No.321 of 2020, subject to condition that one of the bailor 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, Palamau regarding the up keeping of minor.

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Accordingly, instant criminal revision is allowed and the impugned order dated 24.03.2021 passed by the learned Special Judge, POCSO Act cum Children’s Court, Palamau at Daltonganj in Criminal Appeal No.02 of 2021 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Shahid/

Sameer Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sameer Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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