HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHAND
HARESH KUMAR ALIAS HARESH KUMAR YADAV – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
Cr.Rev. 411/2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.411 of 2021
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Haresh Kumar @ Haresh Kumar Yadav @ Haresh Yadav
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Petitioner
Versus
The State of Jharkhand
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Opposite Party
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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner
: Mr. Lakhan Chandra Roy, Adv.
For the State
: A.P.P.
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05/Dated: 18th November, 2021
1.
The defects as pointed out by the office are ignored for the time being.
2.
The instant revision application has been filed against the impugned
order dated 16.07.2021 passed in Criminal (Juvenile Bail) Appeal No.20 of
2021 by the learned Special Judge Children’s Court, Deoghar whereby and
where under judgment/order dated 29.06.2021 passed by the learned
Juvenile Justice Board, Deoghar in Enquiry No.160 of 2021 in connection
with Margomunda P.S. Case No.19 of 2021 for the offence under Sections
395, 212, 120B of the Indian Penal Code and under Section 27 of the Arms
Act, has been confirmed. The case is now pending in the court of the learned
Juvenile Justice Board, Deoghar.
3.
It is submitted by the learned counsel for the petitioner that the
petitioner is in observation home since 21.05.2021 and aged about 16 years.
Further, it has been stated that the juvenile has approached this Court
through his father who is ready and willing to keep his minor son in his
proper custody and care. On this basis, prayer for bail has been made.
4.
Learned counsel for the State has opposed the prayer for bail.
5.
Having heard learned counsel for the parties and on perusal of
records, it appears that the juvenile is in custody since 21.05.2021 and it is a
case of road robbery. No order has been passed under Section 15 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 as the Juvenile
Justice Board is not functional due to absence of Member.
6.
Considering the social investigation report and the mandate of Section
3 of the J.J. Act, the petitioner, above named, is directed to be released on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
2
sureties of the like amount each to the satisfaction of the learned Juvenile
Justice Board, Deoghar in Enquiry No.160 of 2021 in connection with
Margomunda P.S. Case No.19 of 2021, subject to condition that one of the
bailors must be the father of the petitioner.
7.
Further, concerned Probation Officer is directed to report once in a
month, to the Juvenile Justice Board, Deoghar regarding the upkeeping of
the minor.
8.
Accordingly, instant criminal revision being Criminal Revision
No.411 of 2021 stands allowed.
(Rajesh Kumar, J.)
Amar/-
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