Rajesh Mandal @ Rajesh Kumar @ Rajesh Kumar Mandal v. State Of Jharkhand
2018-01-09
RONGON MUKHOPADHYAY
body2018
DigiLaw.ai
ORDER Rongon Mukhopadhyay, J. - Heard Mr. Birendra Burman, learned counsel for the petitioner and Mr. Vijay Shankar Prasad, learned A.P.P. for the State. 2. Aggrieved by the order dated 07.09.2017 passed by the learned Sessions Judge, Hazaribagh in Criminal Appeal No. 82 of 2017 by which the order dated 07.07.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribagh in connection with G.R. No. 609 of 2017 arising out of Barkatha P.S. Case No. 35 of 2017, refusing to release the petitioner on bail, has been affirmed and the appeal was dismissed, the petitioner has preferred this application. 3. Submission has been advanced by the learned counsel for the petitioner that the petitioner was declared juvenile and the allegation is that he had established physical relationship with the victim, who is the daughter of the informant. It has further been submitted that the victim herself is a major lady and there is no oblique motive on the part of the petitioner in establishing physical relationship with the victim. It has also been submitted that the petitioner is in remand home since 08.03.2017 and the mother of the petitioner has given an undertaking that she shall take care of the petitioner and she shall not allow the petitioner to come in association of criminal elements. 4. Learned A.P.P. appearing for the State has opposed the prayer made by the petitioner. 5. It appears from the allegation that the petitioner had established physical relationship with the victim on several occasion on the pretext of marriage. The victim appears to be a major at the time of incident. The petitioner is in remand home for about 10 months. 6. On consideration of the period of incarceration undergone by the petitioner, while setting the order dated 07.09.2017 passed by the learned Sessions Judge, Hazaribagh in Criminal Appeal No. 82 of 2017 and the order dated 07.07.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribagh, the petitioner, named above, 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, Juvenile Justice Board, Hazaribagh in connection with G.R. No. 609 of 2017 arising out of Barkatha P.S. Case No. 35 of 2017 with a condition that the mother of the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner before court concerned on each and every date fixed in the concerned case till the conclusion of the inquiry. 7. This application stands disposed of.