High CourtsSingle Bench(2020) 12 JH CK 0130

Kishan Bhuiya And Ors vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 16 December 2020

HON’BLE JUDGES
Amitav K. Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Revision No.645 Of 2020

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Judgment

18 paragraphs · 348 words
1.

This revision is directed against the judgment/ order dated 24.06.2020, passed by learned Sessions Judge, Dhanbad in Criminal Appeal No.58 of

2020, whereby the prayer for bail of the petitioners/ juveniles (in conflict with law) has been rejected in connection with Nirsa P.S. Case No.195 of

2019, registered under Sections 147, 148, 341, 342, 323, 325, 302/ 149 of the Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned A.P.P.

As per the F.I.R., it is alleged that F.I.R named accused persons had surrounded and assaulted one Pratham Singh on suspicion that he was a child

lifter. Due to the injuries sustained Pratham Singh died in course of medical treatment. Co-accused, Gautam Bauri and Karan Bhuiya, who are named

in the F.I.R, have been granted bail vide order dated 14.10.2020 in B.A. No.8147 of 2020.

Taking into account that case of the petitioners stands on same footing to that of the two co-accused, who have been granted bail, accordingly the

petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of like amount each to the

satisfaction of learned Juvenile Justice Board, Dhanbad, in connection with Nirsa P.S. Case No.195 of 2019, corresponding to G.R. Case No.1727 of

2019, with the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking

(i) to ensure the good behaviour of the petitioners, (ii) to ensure that the juvenile petitioners do not come in contact with any anti-social elements, and

(iii) produce the juveniles/petitioners before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the

supervision report to the Board for needful.

3.

In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and

Protection of Children) Act, 2015. The petitioners/juveniles shall co-operate and be present before the Board as and when directed, till conclusion of

the enquiry.

4.

With the aforesaid direction, the revision is, hereby, allowed.