Allowed

Mukesh Kumar v. the State of Jharkhand

Jharkhand HC22 Jun 2021Cr.Rev./664/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed the criminal revision against an order rejecting bail in a Special POCSO case. The Court granted bail to the juvenile petitioner on probation, directing conditions including a surety bond, parental custody, and monthly reporting by the Probation Officer.

What did the court decide?

Impugned order dated 12.06.2020 set aside; petitioner released on bail of Rs. 10,000 with two sureties; Probation Officer directed to report monthly.

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

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 664 of 2020

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Mukesh Kumar The State of Jharkhand CORAM: HON’BL	.... .… Petitioner Versus .... Opp. Party .... E MR. JUSTICE RAJESH KUMAR
For the Petitioner	: Mr. Lukesh Kumar, Adv.
For the State	: Mr. Sanat Kumar Jha, Adv.
For the Informant	: Mr. Abhay Prakash, Adv.

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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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06/22.06.2021 The instant application has been filed against the order dated 12.06.2020 passed by learned Sessions Judge, Dhanbad in Criminal Appeal No.54 of 2020 by which the prayer for bail of the petitioner has been rejected in connection with Kenduadih P.S. Case No.02 of 2020, corresponding to Special POCSO Case No.01 of 2020, registered for the offence under Section 376(3) of the Indian Penal Code and Section 4 of Protection of Child Sexual Offence Act 2012, and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Dhanbad.

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It has been submitted by the learned counsel for the petitioner that the juvenile petitioner whose age has been assessed less than 15 years, is in probation home since 19.02.2020. It has been alleged that the minor victim whose age has been assessed by the Medical Board between 15-16 years, has been sexually exploited by this petitioner. In F.I.R. the age of the victim has been disclosed as 13 years and the age of the appellant as 18 years. Medical report is otherwise. Medical report does not support the factum of rape. It has been further submitted that the father of the petitioner is parwikar and he is ready and willing to keep his minor child under his custody with proper care. 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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Considering the age of the parties and the material available on record, 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, Dhanbad in connection with Kenduadih P.S. Case No.02 of 2020, corresponding to Special POCSO Case No.01 of 2020, subject to condition that one of the bailor must be father of the petitioner.

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

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Accordingly, instant criminal revision is allowed and the impugned order dated 12.06.2020 passed by learned Sessions Judge, Dhanbad in Criminal Appeal No.54 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Shahid/

Mukesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mukesh 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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