Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1144 (JHR)

Bhushan Yadav @ Bhushan v. State Of Jharkhand

2019-06-14

AMITAV K.GUPTA

body2019
JUDGMENT Amitav K. Gupta, J. - This revision is directed against the order dated 08.01.2019 passed by the Addl. Sessions Judge-I-cum-Special Children Court, Koderma in Spl. Children Case no.14/2018 whereby the prayer for bail of the petitioner has been rejected. 2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 17.04.2018. It is submitted that the father of the petitioner has filed a complaint case against the informant registered under Sections 341,323,379,427,364,368 and 504 I.P.C which is pending in the court of Judicial Magistrate, Ist Class, Koderma. That the mother of the victim girl has lodged the instant case against the petitioner with an intent to pressurise and coerce the petitioner to marry her daughter, i.e., the victim girl. It is submitted that during the pendency of the present revision the victim girl''s marriage has been solemnised and this is suggestive of the falsity of the case lodged by the victim girl''s mother. 3. Learned A.P.P. has opposed and submitted that there is specific allegation that this petitioner had committed rape on the victim. The mother and the victim girl have supported the crime. Learned A.P.P. has conceded that the marriage of the victim girl has been solemnised with Rahul, during pendency of the revision. 4. Heard. It transpires from the status report that enquiry is going on and three witnesses have been examined. Perusal of the impugned order discloses that the court below has declined the prayer for bail of the petitioner on the ground that in the social investigation report it is mentioned that the petitioner/juvenile requires proper care. Considering that the petitioner is in custody since 17.04.2018, he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-I-um-Special Children Court, Koderma in Spl. Children Case no.14/2018 (Nawalsahi P.S.Case No.24/2018) on the condition that one of the bailors shall be the father of the petitioner. He shall file an undertaking to ensure proper supervision and good behavior of the petitioner. He shall produce the petitioner before the Probation Officer who shall submit the social investigation report of the petitioner to the Board. If any adverse remark is made in the social investigation report, the Board is at liberty to pass necessary order in the matter. 5. He shall produce the petitioner before the Probation Officer who shall submit the social investigation report of the petitioner to the Board. If any adverse remark is made in the social investigation report, the Board is at liberty to pass necessary order in the matter. 5. With the said direction the revision is, hereby, allowed.