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2009 DIGILAW 760 (JHR)

Pintu Oraon v. State of Jharkhand

2009-05-13

PRADEEP KUMAR

body2009
Order Heard the learned counsel for the petitioner and learned counsel for the State. 2. The instant revision application is directed against the order dated 2.8.2008 passed by Juvenile Justice Board, Dhanbad vide its order dated in connection with Bokaro Thermal P.S. Case NO.7 of 2007 corresponding to G.R. Case No. 92/2007 and confirmation of the said order by the order dated 28.8.2008 passed in Cr. Appeal No. 51 of 2008 by the Sessions Judge, Bokaro whereby and whereunder both the courts has refused to release the petitioner on bail since they found that the petitioner had kidnapped the victim girl and committed rape upon her and as such it was not proper in the interest of the juvenile to release him. 3. It is submitted by the learned counsel for the petitioner that the petitioner is in jail custody since 15.2.2007 and as per the provision of Section 15(3) of the Juvenile Justice Act, maximum punishment which could have been passed after finding the petitioner guilty was keeping him under the supervision of the Probation Officer for three years and since, the petitioner has remained in jail for more than two years, as such, he may be enlarged on bail. 4. Learned counsel for the State has opposed the prayer for bail, but submitted that social investigation report given by the Probation Officer, Chas, Bokaro reveals that it is the first offence of the petitioner and he is in jail custody since long. 5. After hearing both the parties and after going through the evidences on record, it appears that the petitioner has remained in jail for more than two years and it also appears from the report of the Probation Officer available on the lower court record dated 30th July, 2008 that the petitioner is a student and due to love affairs with his neighbour, this occurrence has taken place and he has got no previous criminal history. It is reported that after completing his Intermediate examination he is interested in pursuing his education and wants to become a police officer. The Probation Officer has also stated that he can be looked after by his father, who is an employee of C.C.L. 6. It is reported that after completing his Intermediate examination he is interested in pursuing his education and wants to become a police officer. The Probation Officer has also stated that he can be looked after by his father, who is an employee of C.C.L. 6. In the facts and circumstances, since, the report of the Probation Officer shows that the petitioner has got no criminal history and this is a single incident of love affairs with his neighbouring girl and also that the petitioner has remained in jail for more than two years, it is not in the interest of the justice to put him in custody any longer. 7. In that view of the matter, the petitioner-juvenile, named above, is directed to be release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Bokaro Thermal P.S. Case No.7 of 2007 corresponding to G.R. Case No. 92/2007, ST No. 153/2007. Further, one of the bailors should be his father Chorta Oraon, who will file an undertaking that he will keep the juvenile under his care and custody and see to it that he continues his education and keep him away from any anti-social element or criminal element. 8. With the above observation, the revision application is allowed and the order passed by the Juvenile Justice Board, Dhanbad and the order of confirmation by the learned Sessions Judge, Bokaro are set aside.