Allowed

Basant Kumar Mahto v. the State of Jharkhand

Jharkhand HC6 Jul 2021Cr.Rev./64/2021

Case brief

AI extract

What is this about?

Single judge allowed criminal revision, setting aside Additional Sessions Judge's bail rejection. Court directed release of juvenile petitioner on bail subject to bond and conditions, relying on age and social investigation report.

What did the court decide?

Petitioner directed to be released on bail with bond of Rs. 10,000 and two sureties, one of whom must be the mother of the petitioner.

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

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Rev. No. 64 of 2021 Basant Kumar Mahto … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR --For the Petitioner : Mr. Pratik Sen, Adv. For the State : Mr. S.K. Dubey, APP ---

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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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04/06.07.2021: Heard the parties.

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The instant application has been filed against the order dated 11.12.2020 passed by learned Additional Sessions Judge-I, Ramgarh, in Criminal Appeal (Bail) No. 48 of 2020, by which the prayer for bail of the petitioner has been rejected in connection with Patratu (Bhadaninagar) P.S. Case No.124 of 2020 (G.R. No.692 of 2020) registered for the offences under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act and the same is presently pending in the court of Learned Principal Magistrate, Juvenile Justice Board, Ramgarh.

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It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 07.06.2020. Investigation is complete and he has approached this Court through his mother and she is ready to keep the juvenile in her custody and willing to maintain and take proper care of the petitioner. It has been further submitted that as per the allegation, seventeen years old boy-the petitioner, on the pretext of marriage, have made sexual relationship with sixteen years old girl. Both are classmates and on the above ground, prayer for release has been made.

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

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bail.

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Considering the materials available on the record, the age of petitioner and the victim as well as the social investigation report, 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, Ramgarh, in connection with Patratu (Bhadaninagar) P.S. Case No.124 of 2020 (G.R. No.692 of 2020), subject to condition that one of the bailor must be the mother of this petitioner.

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Accordingly, instant criminal revision is allowed and the impugned order dated 11.12.2020 passed by learned Additional Sessions Judge-I, Ramgarh, in Criminal Appeal (Bail) No. 48 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Ravi/

Basant Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Basant Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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