Basant Kumar Mahto vs. The State of Jharkhand

Facts

In present case the application has been filed against the order dated 11.12.2020 passed by learned Additional Sessions Judge-I, Ramgarh, in Criminal Appeal (Bail) [No. 48 of 2020] In plea the petitioner prayed for bail which has been rejected in connection with Patratu (Bhadaninagar) P.S. Case No.124 of 2020 (G.R. No.692 of 2020) registered for the offences under Section 376: Punishment for rape of the Indian Penal Code and Section 4: Punishment for penetrative sexual assault of the POCSO Act and the same is presently pending in the court of Learned Principal Magistrate, Juvenile Justice Board, Ramgarh. It has been submitted by learned counsel for the petitioner Mr. Pratik Sen that the petitioner is in custody since 07.06.2020.  Mr. Pratik Sen also state that: Investigation is complete and he has approached this Court through his mother and she is ready to keep the juvenile in her custody and willing to maintain and take proper care of the petitioner.  It has been further submitted that as per the allegation, seventeen years old boy-the petitioner, on the pretext of marriage, have made sexual relationship with sixteen years old girl and both were classmates. On the above ground, prayer for release has been made. On the other hand, learned A.P.P. for the State has opposed the prayer for bail.

Issue

In instant case the petitioner [seventeen years old boy], on the pretext of marriage, have made sexual relationship with sixteen years old girl and as per the record both were classmates. Henceforth, the petitioner was charged under Section 376: Punishment for rape of the Indian Penal Code and Section 4: Punishment for penetrative sexual assault of the POCSO Act.

Judgement

In the light of the above submission and after considering the materials available on the record, the Honourable Court therefore held that: ‘The age of petitioner and the victim as well as the social investigation report, the petitioner, above named, 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 the court of Principal Magistrate, Juvenile Justice Board, Ramgarh, in connection with Patratu (Bhadaninagar) P.S. Case No.124 of 2020 (G.R. No.692 of 2020), subject to condition that one of the bailor must be the mother of this petitioner. Accordingly, instant criminal revision is allowed and the impugned order dated 11.12.2020 passed by learned Additional Sessions Judge-I, Ramgarh, in Criminal Appeal (Bail) No. 48 of 2020 is, hereby, set aside. Henceforth, with the above observation and directions the petitioner released on bail.

Leave a Reply

Articles

The lawyer warned about the “pitfalls” in the credit installments

Kamila Abdrakhmanova, a junior lawyer at the Yalilov & Partners law firm, said in a conversation with the Prime agency that offers of credit installments without overpayments when buying goods may not always be profitable. She said that among the “pitfalls” of the credit installment may be imposed life and health insurance, as well as […]

Read More
Articles

Russia and Turkey are looking for alternatives to Mir

Turkish President Tayyip Erdogan instructed the ministers to develop, in cooperation with the Russian Federation, alternatives to the Mir payment system. Large Turkish banks refused to conduct transactions with Russian NSPK cards, fearing sanctions from Washington and London. The State Duma suggested that the basis of the alternative system would be the same Mir. An […]

Read More
Articles

Bio Lyfe Keto ACV Gummies Reduce Appetite & Cravings Powerful Formula For Instant Fat Burning | FDA Approved[REAL OR HOAX]

BioLyfe Keto Gummies Brand – BioLyfe Keto Gummies Product Benefits – Fat And Weight Lose, Increase Energy Side Effects – No Major Side Effects, (100% Natural) Availability – Online Customer Reviews – 5/5 Price – Visit Official Website Refund Policy – 30-Day Money-Back Policy Free Shipping On All Orders    Secured Checkout [Special Discount- 50% Off] […]

Read More