Jharkhand High Court
Cr.Rev./1158/2013 of SUDHIR KUMAR ALIAS BINIT KUMAR Vs The State Of Jharkhand on 20 December 2013
HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1158 of 2013 Sudhir Kumar @ Binit Kumar ..... Petitioner Versus The State of Jharkhand …. Opposite Party CORAM: HON’BLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Rashmi Kumari For the State : A . P.P. ----- 3/20.12.2013 Heard
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IN THE HIGH COURT OF JHARKHAND AT RANCHICr. Revision No.1158 of 2013
Sudhir Kumar @ Binit Kumar
.....Petitioner….Opposite Party
Versus
The State of Jharkhand
CORAM:HON’BLE MR. JUSTICE H.C. MISHRAFor the Petitioner:Mr. Rashmi Kumari For the State:A. P.P.----- 3/20.12.2013Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner is aggrieved by Judgment dated 5.10.2013 passed by the learned Additional Sessions Judge-I, Koderma, in Cr. Appeal No.4 of 2013, whereby the appeal filed against the order dated 20.12.2012 passed by the Juvenile Justice Board, Koderma, in G.R. No.594 of 2012, rejecting the bail application of the juvenile petitioner, has been dismissed by the Appellate Court below.
3. Petitioner has been made accused in connection with Kodarma P.S. Case No.226 of 2012, corresponding to G.R. No.594 of 2012, for the offence under Sections 341, 323, 504, 379, 120B, 387, 427/34 of the Indian Penal Code. There is allegation against the petitioner and the other co-accused persons to have assaulted the informant and other persons, who had gone for deposing as witnesses in connection with a case. The petitioner had earlier filed his application for bail, which appears to be rejected by order dated 12.9.2012 in B.A. No.6025 of 2012. It appears that thereafter, the petitioner was declared to be juvenile and he filed his application for bail, which was rejected by the Juvenile Justice Board and the appeal filed against the said order was also dismissed by the Appellate Court below.
4. Since the impugned order shows that earlier bail application of the petitioner was rejected by order dated 12.9.2012, it is apparent that this juvenile petitioner is in custody since more than one year.
5. In the facts and circumstances of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Sudhir Kumar @ Binit Kumar is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Juvenile Justice Board, Koderma, in connection with Kodarma P.S. Case No.226 of 2012, corresponding to G.R. No.594 of 2012, with the condition that one of the bailer should be the father of the petitioner, who shall take care of the juvenile.
6. This application is accordingly allowed.
(H. C. Mishra, J)