Allowed

Raja Kumar Alias Shiv Shankar Kumar Das Alias Shiv Shankar Das v. the State of Jharkhand

Jharkhand HC18 Jun 2021Cr.Rev./91/2021

Case brief

AI extract

What is this about?

This High Court allowed the criminal revision. The bench granted bail to the petitioner, who was in a probation home, regarding offences involving a minor under IPC 366(A)/376 and POCSO. The prior rejection order was set aside, and bail was allowed with sureties and conditional custody by the father.

What did the court decide?

The impugned order rejecting bail is set aside; petitioner directed to be released on bail on Rs. 10,000 with two sureties, one being the father; Probation Officer to report monthly to Juvenile Justic

Raja Kumar Alias Shiv Shankar Kumar Das Alias Shiv Shankar… — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 91 of 2021

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....

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Raja Kumar @ Shiv Shankar Kumar Das @ Shiv Shankar Das

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.… Petitioner Versus The State of Jharkhand .... Opposite Party .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nehru Mahto, Adv. For the Opposite Party : Mr. Shailendra Kr. Tiwari, 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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04/18.06.2021

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The instant application has been filed against the order dated 18.12.2020 passed by the learned Additional Sessions Judge-I, Ramgarh in Criminal Appeal (Bail) No. 49 of 2020 by which the prayer for bail of the petitioner has been rejected in connection with Patratu (Bhurkunda) P.S. Case No. 265 of 2019 corresponding to G.R. No. 728 of 2020 registered for the offence under Sections 366(A)/ 376 of the Indian Penal Code and under Section 4 of the POCSO Act and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Ramgarh.

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It is submitted by the learned counsel for the petitioner that the petitioner is in probation home since 22.06.2019. Investigation has already been completed and he is ready to co-operate in the trial. It has been submitted that allegation has been made under Sections 366(A)/ 376 of the Indian Penal Code and under Section 4 of the POCSO Act. It has been further submitted that father of this petitioner is parwikar and he is ready to keep the minor child under his custody with proper care. The age of the victim girl has been assessed between 18-20 years by the Medical Board. On above facts, prayer for bail has been made.

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Learned A.P.P. has opposed the prayer for bail and submitted that the age of the victim girl has been assessed by the Court is 17 years.

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Considering the material available on record and the period of custody and the fact that the father of the petitioner undertakes to keep the child under his 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, Ramgarh in connection with Patratu (Bhurkunda) P.S. Case No. 265 of 2019 corresponding to G.R. No. 728 of 2020 subject to condition that one of the bailor must be father of this petitioner.

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

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Accordingly, instant criminal revision is allowed and the impugned order dated 18.12.2020 passed by the learned Additional Sessions Judge-I, Ramgarh in Criminal Appeal (Bail) No. 49 of 2020 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Shahid/

Raja Kumar Alias Shiv Shankar Kumar Das Alias Shiv Shankar Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raja Kumar Alias Shiv Shankar Kumar Das Alias Shiv Shankar Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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