IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 1109 of 2010
1. Mahesh Bhuiyan
2. Mukesh Bhuiyan ... ... ... Petitioners
Versus
The State of Jharkhand ... ... ... Opp. Party
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CORAM: THE HON'BLE MR. JUSTICE D.K. SINHA
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For the Petitioners : Mr. Munna Lal Yadav, Adv.
For the State : A.P.P.
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07/15.06.2011
This Criminal Revision has been filed u/s 52 of The Juvenile Justice (Care & Protection
of Children) Act 2000 is directed against the judgment recorded by the Additional Sessions
Judge, Chatra in Criminal (Juvenile) Appeal 35/10 by which the prayer for bail of the
petitioners rejected by the Juvenile Justice Board, Chatra was affirmed and the appeal was
dismissed.
The petitioners are in custody since 02.05.2009 pending enquiry before the
Juvenile Justice Board for the charge u/s 302/34 of the Indian Penal Code.
The prosecution story in short was that the petitioners along with two others
assaulted the deceased with knife for the reason that the deceased had taken away their goat and
consumed by cooking it to which a Panchayati was held and the deceased was called upon to
give a goat as penalty and fine of Rs. 100/-, but the petitioners and the co-accused were not
satisfied with such verdict and committed the offence.
The learned counsel Mr. Munna Lal Yadav appearing for the petitioners submits
that the incident did not take place in the manner presented by the informant, with whom the
petitioners family had long land disputes.
Assailing the judgment recorded in the Criminal Appeal, the counsel submitted
that the appeal was dismissed considering the gravity of offence on merit and without
appreciating the statutory provision of section 12 of The Juvenile Justice (Care & Protection of
Children) Act 2000. By filing supplementary affidavit the learned counsel for the petitioners
submitted that the maternal uncle of the petitioners and the brother in law of the petitioners
were ready to stand as their bailers.
Taking the considered view, the petitioners Mahesh Bhuiyan and Mukesh
Bhuiyan are directed to be released during pendency of this criminal revision on executing bail
bond of Rs. 10000 (Rupees Ten Thousand)/- with two sureties of like amount each separately
to the satisfaction of the Juvenile Justice Board, Chatra in Chatra P.S. Case No. 303/2008
corresponding to G.R. No. 1165/2008 with the conditions that the brother in law and the
maternal uncle of the petitioners would be their bailers who would take care of them and
produce them as and when required by the Juvenile Justice Board, preferably in the first week
of every month till conclusion of the enquiry.
This revision is allowed.
( D.K. Sinha, J.)
M.M.