Pintu Mandal @ Pintu Kumar Mandal vs State of Jharkhand

D.K. Sinha, J.—This Cr. Revision has been filed on behalf of the Petitioner-juvenile u/s 53 of the Juvenile Justice(Care and Protection of Children Act) 2000 against the order dated 10.11.2010 passed by the Addl. Sessions Judge, 2nd F.T.C. Giridih in Cr. Appeal No. 71 of 2010 by which the prayer for bail of the Petitioner rejected by the Juvenile Justice Board, Giridih was affirmed and the appeal was dismissed in Giridih (M) P.S. Case No. 105 of 2010 corresponding to G.R. No. 825 of 2010 for the alleged offence u/s 304(B)/201/34 of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act.

The Petitioner is admittedly a juvenile and husband of the decease Kabita Devi The prosecution story in short was that the informant had married his sister Kabita Devi with the Petitioner some two years ago and thereafter, accused persons including the Petitioner-husband started demanding motor cycle and Rs. 20,000/- in cash otherwise she was threatened that the Petitioner-husband would remarry another girl. It was further stated in the written report of the informant that his sister Kabita Devi used to communicate her miseries on telephone or on cell phone .In the night of the alleged occurrence the informant received communication on phone from his sister that accused persons have conspired to commit her murder. After sometime he again received call hearing cry of his sister and he immediately went to her matrimonial home. Dead body of his sister was recovered from a well with the injuries on her person. In the post mortem report, cause of her death was found ''Asphyxia'' due to drowning.

The learned Counsel submitted that the prayer for bail of the Petitioner was refused by the Juvenile Justice Board on the ground it was not in the interest of the Petitioner to release him on bail in view of the fact that all his relations are in jail .His appeal was dismissed by the Additional Sessions Judge on the ground that there was no one to take his custody and there were chances of interaction with local criminals if released on bail and that the nature of the offence was serious. I find prima facie that the occurrence did not take place in the manner projected by the informant, subject to the evidence adduced during course of inquiry. I further find that the ground taken by the court below for rejection of the bail are in contravention of the provisions of Section 12 of the Act and that his case does not come within the proviso of the said section .

The learned Counsel submitted that the father of the Petitioner had committed suicide in Giridih Jail out of agony and pain and that brother and mother have been admitted to bail by a Bench of this Court and they are ready to take care of the Petitioner.

In the circumstances, the Petitioner Pintu Mandal @ Pintu Kumar Mandal is directed to be released on executing bail bond of Rs. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the J.J. Board, Giridih with the conditions that the mother and brother of the Petitioner would be his bailors who take care of him and produce the Petitioner before the J.J. Board preferably in the first week of each month during inquiry or on any other conditions suggested by the J.J. Board in each month.

With this observation this Cr. Rev. is allowed.