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Patna High Court

Ajay Ram @ Ajay Kumar RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail to a juvenile in conflict with law must be granted unless one of the three specific proviso grounds in Section 12(1) of the Juvenile Justice (Care and Protection) Act, 2015 is satisfied, which was not the case here.

Summary

The appeal concerned the rejection of regular bail for a 17‑year‑old accused of raping a 17‑year‑old girl, where the Juvenile Justice (Care and Protection) Act, 2015 applied. The Juvenile Justice Board had preliminarily assessed the appellant as mature and ordered trial as an adult, but the Children Court denied bail on the ground of seriousness of the offence and prosecution material. The High Court held that under Section 12 of the JJ Act bail to a child in conflict with law is a rule and can be denied only on the three specific grounds in the proviso, none of which were established. The Court noted that the Social Background and Investigation Reports showed no criminal antecedent or risk, and that poverty or seriousness of the offence are irrelevant. Consequently, the appeal was allowed and bail was granted with conditions and welfare directions. The judgment reaffirmed the child‑friendly, rehabilitative ethos of the JJ Act and the primacy of the child’s best interests.

Issues considered

  • The applicability of Section 12 of the Juvenile Justice (Care and Protection) Act, 2015 to a juvenile tried as an adult.
  • Whether the seriousness of the alleged offence or the material on record can justify denial of bail to a juvenile.
  • Whether the Social Background Report and Social Investigation Report were required to be considered in the bail application.
  • Whether any of the three proviso grounds for denial of bail under Section 12(1) were satisfied.

Legislation cited

Subjects

  • juvenile bail
  • Section 12 JJ Act
  • children in conflict with law
  • observation home
  • best interest of child
  • rehabilitation
  • social background report

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL APPEAL (SJ) No.1732 of 2025
           Arising Out of PS. Case No.-122 Year-2024 Thana- DAWATH District- Rohtas
     ======================================================
     XXX, (Real name withheld)

                                                                       ... ... Appellant
                                           Versus
1.   The State of Bihar
2.   XXX, (Real name withheld)

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant        :       Mr. Manoj Kumar, Advocate
     For the State            :       Mr. Upendra Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                         ORAL JUDGMENT
      Date : 05-05-2026
                               Introduction
              The present appeal has been preferred by the appellant

      against the impugned order dated 28.02.2025, passed by learned

      Ist Additional District and Sessions Judge cum Special Judge,

      Children Court, Rohtas at Sasaram in G.R. Case No. 10 of 2024

      arising out of J.J.B Case No. 223 of 2024 related with Dawath

      P.S. Case No.122 of 2024, whereby learned Children Court has

      rejected the regular bail application of the Appellant holding

      that the allegation against the Appellant is serious in nature and

      the prosecution case is supported by the material on record.

              2. The Dawath P.S. Case No. 122 of 2024 was registered

      on the written report of the mother of the victim girl and as per

      allegation, the Appellant has committed rape upon the victim.
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                 3. After investigation, charge-sheet was submitted against

         the Appellant in the POCSO Court as the victim was 17 years

         old. However, in view of the finding that the Appellant was

         minor, the matter was referred to the Juvenile Justice Board and

         after assessment of the age, the Juvenile Justice Board found the

         Appellant 17 years 3 months and 12 days old. Thereafter,

         preliminary assessment under Section 15 of the J.J. Act, 2015

         was conducted by learned J.J. Board and it was found that the

         Appellant was mature enough to understand the nature and

         consequences of the alleged offence, and hence, the matter was

         sent to the Juvenile Justice Board for his trial as adult and

         during the pendency of the trial before learned Children Court,

         the regular bail application on behalf of the Appellant was filed

         and the same was rejected by learned Children Court by the

         impugned order.

                        Submissions on behalf of the Appellant

                 4. I heard learned counsel for the Appellant and learned

         APP for the State.

                 5. Learned counsel for the Appellant submits that the

         Appellant is innocent and has falsely been implicated in this

         case. He further submits that learned Children Court has

         erroneously rejected the regular bail application of the Appellant
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         on irrelevant consideration of serious nature of the alleged

         offence and sufficient material on record in support of the

         prosecution case. However, as per Section 12 of the J.J. Act, bail

         to a Juvenile cannot be rejected on such ground and grant of bail

         to a Juvenile in conflict with law is a rule and denial of bail is an

         exception and bail can be denied to the appellant only on the

         grounds as provided in the proviso to Section 12 of the J.J. Act,

         but learned Children Court has not considered the grounds as

         provided in Section 12 of the J.J. Act.

                 6. He further submits that Learned Children Court has

         not considered the Social Background Report as well as the

         Social Investigation Report which are required to be looked into

         while considering the regular bail application of the Juvenile in

         conflict with law and as per these reports, no ground is made out

         for rejecting the regular bail application of the Appellant,

         because there is no criminal antecedent either of the Appellant

         or his family members including his father though they are poor.

         He also submits that the detention of the Appellant in the

         Observation Home would not be in the best interest of the child.

         The Appellant should have been released with certain conditions

         to ensure proper development of the Appellant.
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                           Submissions on behalf of the State

                 7. However, learned APP for the State vehemently

         opposes the prayer of the Appellant for bail submitting that there

         is no illegality or infirmity in the impugned order. As per

         allegation, the Appellant has committed rape upon a minor girl,

         which is serious in nature and there is sufficient material also in

         support of the prosecution case.

                    Legal Provisions regarding Bail to Juveniles
                             under the J.J. Act, 2015.

                      8. Before I consider the rival submission of the

         parties, it would be pertinent to refer to Section 12 of the

         Juvenile Justice (Care and Protection) Act, 2015, which deals

         with bail to the Juvenile. Section 12 of the Act reads as

         follows:-

                     “12. Bail to a person who is apparently a child alleged
                to be in conflict with law.-(1) When any person, who is
                apparently a child and is alleged to have committed a bailable
                or non-bailable offence, is apprehended or detained by the
                police or appears or brought before a Board, such person shall,
                notwithstanding anything contained in the Code of Criminal
                Procedure, 1973 (2 of 1974) or in any other law for the time
                being in force, be released on bail with or without surety or
                placed under the supervision of a probation officer or under the
                care of any fit person:
                     Provided that such person shall not be so released if there
                appears reasonable grounds for believing that the release is
                likely to bring that person into association with any known
                criminal or expose the said person to moral, physical or
                psychological danger or the person's release would defeat the
                ends of justice, and the Board shall record the reasons for
                denying the bail and circumstances that led to such a decision.
                     (2) When such person having been apprehended is not
                released on bail under subsection (1) by the officer-in-charge
                of the police station, such officer shall cause the person to be
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                kept only in an observation home ¹[or a place of safety, as the
                case may be,] in such manner as may be prescribed until the
                person can be brought before a Board.
                     (3) When such person is not released on bail under sub-
                section (1) by the Board, it shall make an order sending him to
                an observation home or a place of safety, as the case may be,
                for such period during the pendency of the inquiry regarding
                the person, as may be specified in the order.
                     (4) When a child in conflict with law is unable to fulfil the
                conditions of bail order within seven days of the bail order,
                such child shall be produced before the Board for modification
                of the conditions of bail.”
                                                              (Emphasis Supplied)

                      9. From perusal of Section 12 of the J.J. Act, 2015, it

         clearly emerges that Section 12 of the Act overrides the bail

         provisions as contained in the Criminal Procedure Act, 1973 or

         any other law for time being in force. It further emerges that as

         per Section 12 of the Act, bail to the Juvenile is a rule and

         refusal of the same is an exception and Juvenile can be denied

         bail only on the following three grounds: (i) if there appears

         reasonable grounds for believing that the release is likely to

         bring that person into association with any known criminal, or,

         (ii) expose the said person to moral, physical or psychological

         danger, or, (iii) the person's release would defeat the ends of

         justice.

                      10. Hon’ble Apex Court in Juvenile in Conflict

         with Law Vs. State of Rajasthan, as reported in 2024 SCC

         OnLine SC 5297 has also held that juvenile in conflict with law

         has to be necessarily released on bail unless the proviso is
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         applicable and there must be clear finding regarding the

         applicability of the proviso. The relevant part of judgment reads

         as follows:

                   "6. From the phraseology used in sub-section 1 of
                   Section 12, a juvenile in conflict with law has to be
                   necessarily released on bail with or without surety or
                   placed under supervision of a probation officer or
                   under the care of any fit person unless proviso is
                   applicable.
                   7.We have perused all the orders passed earlier by the
                   JJ Board, Special Court and High Court and specially
                   the order dated 11th December, 2023 passed by the JJ
                   Board. There is no finding recorded that the proviso to
                   sub-Section 1 of Section 12 is applicable to the facts of
                   the case. Without recording the said finding, bail could
                   not have been denied to juvenile in conflict with law.
                   ........................................................................................
                   9.Though none of the courts at no stage have recorded
                   a finding that in the facts of the case, the proviso to
                   sub-Section 1 of Section 12 was applicable, the
                   juvenile in conflict with law has been denied bail for
                   last one year.
                   10.Hence, the impugned orders are set aside. The
                   appeal is accordingly allowed.
                   11.We direct that the juvenile in conflict with law shall
                   be released on bail without surety. However, the
                   jurisdictional Juvenile Justice Board shall issue
                   appropriate directions to the jurisdictional Probation
                   Officer to keep the juvenile under supervision and to
                   submit periodical reports to the Board about the
                   conduct of the Juvenile."
                                                                        (Emphasis supplied)

                       11. In Re-Exploitation of Children in Orphanages

         in the State of T.N. Vs. Union of Indian and Ors. as reported

         in (2020) 14 SCC 327, Hon'ble Supreme Court has held that

         bail to a juvenile can be denied only on three grounds as
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         provided in the Proviso to Section 12(1) of the J.J. Act, 2015.

         The relevant part of the judgment reads as follows:


                   "7. Sub-section (1) makes it absolutely clear that a
                   child alleged to be in conflict with law should be
                   released on bail with or without surety or placed under
                   the supervision of a probation officer or under the care
                   of any fit person. The only embargo created is that in
                   case the release of the child is likely to bring him into
                   association with known criminals or expose the child
                   to moral, physical or psychological danger or where
                   the release of the child would defeat the ends of
                   justice, then bail can be denied for reasons to be
                   recorded in writing. Even if bail is not granted, the
                   child cannot be kept in jail or police lock-up and has to
                   be kept in an observation home or place of safety."

                                                              (Emphasis supplied)

                      12. The High Court of Bombay in XYZ v. State of

         Maharashtra, as reported in 2023 SCC OnLine Bom 2790 has

         held that grounds for denial of bail must be based on material.

         The relevant part of judgment reads as follows:

                   "6.The mandate of the aforesaid provisions requires
                   that the CCL alleged to have committed a bailable or
                   non bailable offence and apprehended, shall be release
                   on bail with or without surety. The proviso to Section
                   12(1) puts an exception, where there are reasonable
                   grounds to believe that the release of CCL is likely to
                   bring him into the association with any known criminal
                   or exposed him to moral, physical or sociological
                   danger or his release would defeat the ends of justice.
                   It is therefore, evident that the denial of bail to the CCL
                   shall be for specific reasons akin to above proviso.
                   ………………………………………………………...
                   9. There is nothing on record to indicate that the CCL
                   is likely to come in association with the known
                   criminals or get exposed to moral, physical or
                   sociological danger or his release would defeat the
                   ends of justice. In the wake of aforesaid circumstances
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                   the case is made out to allow this Revision Application
                   and to release the CCL on bail by setting aside the
                   impugned order passed by the Sessions Judge, Beed.
                   Hence following order:"
                                                         (Emphasis supplied)

                      13. It also emerges that seriousness of the alleged

         offence or the age of the juvenile are also no relevant

         considerations for denial of bail under Section 12 of the J.J. Act.

         Even the child who is 16 years or above 16 years of age and is

         alleged to have committed a heinous offence is also entitled to

         get bail under Section 12 of the Act, 2015. There is no

         classification, whatsoever, provided in Section 12 of the Act,

         2015 in regard to grant of bail. Section 12 is applicable to all

         juveniles in conflict with law without any discrimination of any

         nature. (Also refer to Lalu Kumar @ Lal Babu Vs. State of

         Bihar, 2019 (6) BLJ 2016).

                      14. Karnataka High Court in XXX (accused before

         the J.J. Board) Vs. State and Others as reported in

         MANU/KA/3957/2024 has also held that Section 12 of the J.J.

         Act, 2015 is applicable even to a juvenile who is being tried as

         adult by Children Court and bail to him can be denied only on

         the grounds as provided in the Proviso to Section 12(1) of the

         J.J. Act, 2015. The relevant part of judgment reads as follows:

                   "9. Section 12(1) of the Act provides that
                   notwithstanding anything contained in the Code of
                   Criminal Procedure, 1973, or any other law for the
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                   time being in force, a child, who is produced before the
                   Board, shall be released on bail subject to proviso to
                   Section 12(1) of the Act of 2015. Therefore, it is very
                   clear that even if the child is ordered to be tried as a
                   adult, as provided under Section 18(3) of the Act of
                   2015, for the purpose of his bail application, Section
                   12 of the Act of 2015 would be applicable and his bail
                   application cannot be considered under the provisions
                   of Code of Criminal Procedure. As is evident from
                   Section 12 of the Act of 2015, the only embargo in not
                   releasing a child on bail is that there appears a
                   reasonable ground that his release is likely to bring him
                   into any association with any known criminal or
                   expose him to moral, physical or psychological danger
                   or that release of such a person would defeat the ends
                   of justice. The three disentitlement categories
                   contemplated in the proviso to Section 12(1) of the Act
                   of 2015, would not come in the way of the petitioner's
                   application being considered under Section 12 of the
                   Act of 2015 for the following reasons:-

                   (a) The nature of crime committed by the petitioner is
                   not likely to bring him into association with any known
                   criminal or expose him to moral, physical or
                   psychological danger; (b) There is no such report
                   available on record which suggests that the petitioner is
                   likely to be exposed to moral, physical and
                   psychological danger; (c) The victim girl and her
                   parents do not apprehend any danger from the
                   petitioner and they have appeared before the Special
                   Court and stated that they have no objection for
                   enlarging the petitioner on bail."

                                                          (Emphasis supplied)

                          15. Allahabad High Court in Radhika (Juvenile)

         Vs. State of U.P., as reported in 2019 SCC OnLine All 4911

         has also held that under Section 12 of the J.J. Act, 2015, nature

         and character of the alleged crime is not a relevant consideration

         and bail can be denied to a juvenile only on the grounds as

         provided in the Proviso to Section 12 of the J.J. Act, 2015. The
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         relevant part of judgment reads as follows:

                   "27.It is explicit from the plain reading of Section 12
                   of the Act that irrespective of nature and character of
                   the crime, if a ‘child’ brought by the police or appears
                   before the Board, such child shall, notwithstanding
                   anything contained in Code of Criminal Procedure,
                   1973 or any other law enforced in time, “shall’ be
                   released on bail with or without surety under the
                   supervision of Probation Officer or under the care of
                   any fit person. The word “fit person’ is defined under
                   section 2(28) of the Act, means any person prepared to
                   owe responsibility of a child for a specific purpose and
                   after making due enquiry in this behalf, the Board may
                   give the custody of child in the hand of “fit person’.
                   Thus, it is clear that the child delinquent has got a right
                   to be released on bail with or without surety and the
                   gravity, nature and depth of the offence shall not come
                   into the way.
                   28. However, in the proviso of Section 12(1) of the
                   Act, there are three embargoes/riders; namely; (a) if
                   there appears reasonable ground for believing that the
                   release is likely to bring that person into association
                   with any known criminal or; (b) expose that person as
                   moral, physical or psychological danger or; (c) the
                   person's release would defeat the ends of justice, the
                   Board shall record the reasons for denying the bail and
                   circumstances lead to such a decision.
                   29. From the plain reading of the above proviso, it has
                   been clearly borne out that (1) the juvenile delinquent
                   has got unqualified right to seek bail irrespective of the
                   gravity, depth and seriousness of the offence; (2) his
                   bail could be denied strictly on the three grounds, as
                   mentioned under the proviso of Section 12 of the Act
                   by the Board”.
                                                              (Emphasis supplied)

                          16. Punjab and Haryana High Court has also

         held in Vishvas vs. State of Punjab as reported in

         MANU/PH/0067/2021 that under Section 12 of J.J. Act, 2015,

         the nature and gravity of the alleged offence is not relevant

         while considering bail application to a juvenile. Bail can be
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         denied to a juvenile under Section 12 of the J.J. Act, 2015 only

         on the grounds as provided in the proviso to Section 12(1) of the

         J.J. Act and there must be material on record in support of the

         grounds. It has also held that ‘ends of justice being defeated’

         has to be considered in the context of the welfare of the

         juvenile. The relevant part of judgment reads as follows:

                   "7. From a bare reading of the provisions of Section 12
                   of the J.J. Act, it appears that the intention of the
                   legislature is to grant bail to the juvenile irrespective of
                   the nature or gravity of the offence alleged to have
                   been committed by him, and bail can be declined only
                   in such cases where reasonable grounds are there for
                   believing that the release is likely to bring the juvenile
                   into association of any known criminal or expose him
                   to moral, physical or psychological danger, or that his
                   release would defeat the ends of justice. Meaning
                   thereby, as per aforesaid provision, a juvenile can be
                   denied the concession of bail, if any of the three
                   contingencies specified under Section 12(1) of the J.J.
                   Act is available. Similar view was observed in cases
                   Manoj Singh vs. State of Rajasthan 2004(2) RCC 995,
                   Lal Chand v. State of Rajasthan MANU/RH/1042/2005
                   : 2006(1) RCC 167, Prakash v. State of Rajasthan
                   MANU/RH/0549/2005 : 2006(2) RCR (Criminal) 530
                   and Udaibhan Singh alias Bablu Singh v. State of
                   Rajasthan MANU/RH/1038/2005 : 2005(4) Crimes
                   649.
                   8. Learned counsel for the respondent-State has also
                   not pointed out any material available on record to
                   show that there are reasonable grounds for believing
                   that the petitioner is likely to come into the association
                   of any known criminal if released on bail, or his
                   release will expose him to moral, physical or
                   psychological danger. The order passed is mechanical
                   and without adhering to the provisions of Section 12(1)
                   of the J.J. Act, which specifies that 'the Board shall
                   record the reasons for denying the bail and
                   circumstances that led to such a decision.'
                   ………………………………………………………...
                   12. The Supreme Court and various High Courts, time
                   and again have reiterated the well settled position of
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                   law, that gravity of offence is immaterial in deciding
                   the bail application. Bail of a child in conflict with law
                   cannot be rejected in a routine manner and if the bail is
                   declined, a reasoned order has to be given by the
                   Board. A juvenile has to be released on bail
                   mandatorily unless and until the exceptions carved out
                   in proviso to Section 12(1) of the J.J. Act, 2015 itself
                   are made out. The exceptions are noted being:-
                   a) a reasonable ground for believing that the release is
                   likely to bring the juvenile into association with any
                   known criminal;
                   b) his release is likely to expose him to any moral,
                   physical or psychological danger; and
                   c) his release would defeat the ends of justice.
                   ........................................................................................
                   ..................................................
                   14. The third exception namely 'ends of justice being
                   defeated' has to be considered in the context of the
                   welfare of the juvenile, as has been held by the Delhi
                   High Court in Master Abhishek (Minor) Vs. State
                   (Delhi) MANU/DE/0445/2005 : 2005 VI AD Delhi 18.
                                                                       (Emphasis supplied)

                           17. Similar view has been taken by Rajasthan

         High Court in Gau v. State of Rajasthan, 2025 as reported in

         SCC OnLine Raj 2526. The relevant part of the judgment reads

         as follows :

                   "7.The language of Section 12 of the Act of 2015
                   conveys the intention of the Legislature to grant bail to
                   the juvenile, irrespective of nature or gravity of the
                   offence, alleged to have been committed by him and
                   bail can be denied only in the case where there appears
                   reasonable grounds for believing that the release is
                   likely to bring him into association with any known
                   criminal, or expose him to moral, physical or
                   psychological danger, or that his release would defeat
                   ends of justice.
                                                                       (Emphasis supplied)
                       18. Here, it would be also pertinent to point out that

         the ends of justice as used in the proviso to Section 12(1) of the
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         J.J. Act is drastically different to one as used in the context of

         penal statutes. The ends of justice in the context of any Act is

         ascertained on the basis of the purpose and object of that Act

         and the objective of the J.J. Act is to reform and rehabilitate the

         juveniles and not to punish them, as emerges from the preamble

         to the J.J. Act, which reads as follows:

                            “An Act to consolidate and amend the law
                relating to children alleged and found to be in conflict
                with law and children in need of care and protection by
                catering to their basic needs through proper care,
                protection, development, treatment, social reintegration,
                by adopting a child-friendly approach in the adjudication
                and disposal of matters in the best interest of children and
                for their rehabilitation through processes provided, and
                institutions and bodies established, hereinunder and for
                matters connected therewith or incidental thereto.”
                                                          (Emphasis Supplied)

                      19. The purpose and object of the J.J. Act manifests

         in Section 3 also of the J.J. Act, providing for general principles

         to be followed in the administration of the Act. Section 3 of the

         Act reads as follows:

                “3. General principles to be followed in administration
                of Act. The Central Government, the State Governments,
                the Board, and other agencies, as the case may be, while
                implementing the provisions of this Act shall be guided by
                the following fundamental principles, namely:—
                ………………………………………………………...
                (iv) Principle of best interest: All decisions regarding the
                child shall be based on the primary consideration that they
                are in the best interest of the child and to help the child to
                develop full potential.
                ……………………………………………………………
                (vi) Principle of safety: All measures shall be taken to
                ensure that the child is safe and is not subjected to any
                harm, abuse or maltreatment while in contact with the care
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                and protection system, and thereafter.
                (vii) Positive measures: All resources are to be mobilised
                including those of family and community, for promoting
                the well-being, facilitating development of identity and
                providing an inclusive and enabling environment, to
                reduce vulnerabilities of children and the need for
                intervention under this Act.
                (viii) Principle of non-stigmatising semantics: Adversarial
                or accusatory words are not to be used in the processes
                pertaining to a child.”

                                                          (Emphasis supplied)

                        20. High Court of Uttaranchal in X (Juvenile in

         conflict with law) Vs. State of Uttarakhand, as reported in

         2025 SCC OnLine Utt 157 has also held that the Juvenile

         Justice Act is child friendly and all decisions regarding the child

         under the Act should be based on primary consideration of the

         best interest of the child. It has been also held that any juvenile

         in conflict with law is entitled to get released on bail

         irrespective of nature of the offence. Bail could be denied to him

         only on the grounds as provided in the proviso to Section 12 (1)

         of the J.J. Act., 2015. The relevant part of judgment reads as

         follows:

                   8. For a child in conflict with law, every offence is
                   bailable. The CIL is entitled to be released on bail as
                   per Section 12 of the Juvenile Justice (Care and
                   Protection of Children) Act, 2015 (“the Act”),
                   irrespective of the offence having been classified
                   bailable or non bailable. The only rider is the proviso
                   to Section 12 of the Juvenile Justice Act. The child
                   may not be released on bail, if there are grounds to
                   believe that the release is likely to bring that person
                   into association with any known criminal or expose the
                   said person to moral, physical or psychological danger
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                   or the release of the person would defeat the ends of
                   justice.
                   9. The JJ Act is, in fact, child friendly. The central
                   theme is that the child interest is supreme. Section 3 of
                   the JJ Act incorporates the general principles to be
                   followed in the administration of the Act. According to
                   which, “all decisions regarding the child shall be based
                   on the primary consideration that they are in the best
                   interest of the child and to help the child to develop
                   full potential. In fact, Section 3 sub section (v) speaks
                   of primary responsibility. According to it, “the primary
                   responsibility of care, nurture and protection of the
                   child shall be that of the biological family or adoptive
                   or foster parents, as the case may be”.
                   ........................................................................................
                   12.Nothing has been shown that if released the CIL
                   would come into contact with any known criminal or
                   expose him to moral, physical or psychological danger
                   or his release would defeat the ends of justice.
                                                                       (Emphasis supplied)

                       21. The J.J. Act is based on the belief that children are

         the future of the society and in case they go into conflict with

         law under some circumstances, they should be reformed and

         rehabilitated and not punished. No society can afford to punish

         its children. Punitive approach towards children in conflict with

         law would be self-destructive for the society.

                       22. As such, if the keeping of the child in custody is

         helpful in his development and rehabilitation or protection, only

         then it could be said that release of the child would defeat the

         ends of justice. (Also refer to Abhishek Vs. State, 205 CriLJ

         (NOC) 115 (Delhi) and Manoj Vs. State (NCT of Delhi, 2006

         CriLJ 4759).
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                      23. It also emerges from Section 3 of the Act that

         Reformatory or Observation Home is only one of the measures

         contemplated by our legislature for reforming and rehabilitating

         the delinquent children. However, the family of the child in

         conflict with law has been considered by the legislature as the

         best and first desirable institution to achieve the object of the

         Act. Hence, the primary responsibility of care and protection of

         the child has been given to the biological family or adoptive or

         foster parents of the child and it has been contemplated that

         every child in conflict with law has right to be reunited with his

         family at the earliest. Institutionalization of a juvenile in conflict

         with law has been contemplated as the last resort. Such

         principles manifest in clauses v, xii and xiii of Section 3 of the

         Act which read as follows:

                “3. General principles to be followed in administration
                of Act. The Central Government, the State Governments,
                the Board, and other agencies, as the case may be, while
                implementing the provisions of this Act shall be guided by
                the following fundamental principles, namely:—
                ………………………………………………………...
                (v) Principle of family responsibility: The primary
                responsibility of care, nurture and protection of the child
                shall be that of the biological family or adoptive or foster
                parents, as the case may be.
                ………………………………………………………….
                (xii) Principle of institutionalisation as a measure of last
                resort: A child shall be placed in institutional care as a step
                of last resort after making a reasonable inquiry.
                (xiii) Principle of repatriation and restoration: Every child
                in the juvenile justice system shall have the right to be re-
                united with his family at the earliest and to be restored to
                the same socio-economic and cultural status that he was
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                in, before coming under the purview of this Act, unless
                such restoration and repatriation is not in his best
                interest.”
                                                    (Emphasis Supplied)

                      24. Hence, under the J.J. Act, 2015, a child in conflict

         with law is not expected to be treated as an adult offender. J.J.

         Boards/Courts are required to adopt fundamentally a different

         approach while dealing with juveniles in conflict with law. They

         are expected to deal with such juveniles with all sensibility and

         responsibility, keeping in mind the purpose and object of the J.J.

         Act to reform and rehabilitate the child, so as to make him a

         responsible and productive member of the society. The society

         would get ruined if such children are dealt with punitive

         approach.

                      25. Similar view has been taken by this Court in

         Biswajit Kumar Pandey @ Lalu Kumar Case (supra), Nitish

         Kumar Case (supra), Chandan Kumar Paswan Case (supra),

         Rakesh Rai Case (supra) and Avnish Kumar case (supra).

                              Summary of the legal Provisions

                 26. Hence, it is clearly found that notwithstanding

         anything contained in the code of criminal procedure or any

         other law for time being in force, bail to a juvenile in conflict

         with law is governed by Section 12 of the J.J. Act, 2015.

                 26(1). Section 12 of the J.J. Act is equally applicable to
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         all juveniles in conflict with law without any discrimination of

         any nature. Even a juvenile, aged between 16 to 18 years and

         being accused of heinous offence and being tried by Children

         Court, is entitled to get bail under Section 12 of the J.J. Act.

                 26(2). The nature and seriousness of the alleged offence is

         not relevant for consideration of bail under Section 12 of the J.J.

         Act.

                 26(3). “The ends of justice” as used in the proviso to

         Section 12(1) of the J.J. Act is drastically different to one as

         used in general criminal jurisprudence. If the detention of the

         juvenile at Observation Home or other institutions as

         contemplated under the J.J. Act is helpful in protection,

         development and rehabilitation of the juvenile, only then it can

         be said that release of the child would defeat the ends of justice.

                 26(4). The family of the child in conflict with law is the

         best and first desirable institution to achieve the object of the

         J.J.Act. Institutionalization of a juvenile in conflict with law is

         the last resort and every child in conflict with law has right to be

         reunited with his family at the earliest.

                 26(5). Under Section 12 of the J.J. Act, 2015, bail to a

         juvenile is a rule and the refusal of the same is an exception and

         it can be denied only on the grounds as provided in the proviso
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         to Section 12(1) of the J.J. Act, 2015.

                 26(6). The denial of bail must be reasoned and the

         grounds of denial must be based on relevant facts and

         circumstances, as emerging from the material on record. Social

         Investigation Report is one of the most important such material.

         Perusal of such report is mandatory as per Section 15 (2) of the

         J.J. Act, 2015. The Board/Court is required to know not only

         about the offence committed by the juvenile but even about the

         socio-economic conditions/circumstances under which the

         offence was committed, so that, appropriate order in regard to

         the juvenile in conflict with law could be passed with intent to

         reform and rehabilitate the juvenile and reintegrate him with the

         mainstream of the society.

                 26(7). All resources have to be mobilised including those

         of the family and the community for reforming and

         rehabilitating the juvenile in conflict with law to make him

         productive member of the society. (Refer to Section 3 (vii) of

         the J.J. Act, 2015.)

                                          Present Case

                 27. Coming to the case on hand, I find that the appellant

         is alleged to have committed rape upon the victim girl, who is

         17 years of age.
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                 28. I also find that the Appellant has been assessed to be

         17 years 3 months and 12 days old on the date of commission of

         the alleged offence and after preliminary assessment, he has

         been found to be physically and mentally mature to understand

         the consequences of the alleged offence and he is being tried as

         adult by the Children Court.

                 29. I further find that the regular bail application of the

         Appellant has been rejected on the ground of serious nature of

         the alleged offence and material on record in support of the

         prosecution case against the Appellant. However, in view of the

         legal provisions as discussed above, serious nature of the

         alleged offence or material on record in support of the

         prosecution case is not a relevant ground for rejection of bail to

         any Juvenile in conflict with law, whether he is aged between 16

         and 18 years. The Social Background Report as well as the

         Social Investigation Report is very much relevant and required

         to be looked into at the time of consideration of the regular bail

         application filed on behalf of the Juvenile in conflict with law,

         but learned Children Court has not considered these reports

         despite these reports being on record and learned Children Court

         has erroneously rejected the regular bail application on

         irrelevant consideration.
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                 30. After perusal of the Social Background Report as well

         as the Social Investigation Report, there is nothing, on account

         of which, one may infer that the environment at the home of the

         Appellant is not conducive for his reformation and rehabilitation

         when no family member has criminal antecedent. Even the

         Appellant has no criminal antecedent and it is also reported that

         the alleged occurrence had taken place on account of love

         affairs between the Appellant and the alleged victim, which was

         not acceptable to the family members of the victim.

                 31. I further find that the Appellant belongs to the weaker

         section of the Society and he is suffering from poverty. His

         father works as a labourer. As such, poverty of the Appellant

         may be a hurdle in proper development of the Juvenile.

         However, poverty of a child cannot be a ground for rejection of

         bail to him because no one can take better care of a child than

         his parents and if the Appellant is released with certain positive

         measures, there may be proper reformation and development as

         well as rehabilitation of the child.

                 32. Hence, release of the appellant with certain conditions

         and some positive measures would be in the best interest of the

         Appellant.

                 33. Accordingly, the present appeal is allowed directing
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         the appellant to be released on bail, subject to furnishing the bail

         bond of Rs.10,000/- and undertaking by his father by way of

         affidavit that he would keep vigil on the appellant regarding his

         habits and he would not allow the appellant to come in contact

         with any criminal persons and take care of other developmental

         needs of the appellant and the appellant would attend the Court

         as and when required or directed.

                 34. As the appellant and his family are suffering from

         poverty, learned Secretary, District Legal Services Authority,

         Rohtas at Sasaram is directed to assist the appellant in getting

         benefit of welfare schemes of the Government like Rasan Card

         and getting grains from P.D.S. under the Government scheme, if

         he is not already getting such grains. District Magistrate, Rohtas

         at Sasaram is also directed to cooperate and collaborate with

         learned Secretary, District Legal Services Authority, Rohtas at

         Sasaram in the aforesaid efforts. Learned Secretary DLSA and

         District Magistrate would also explore the possibility of getting

         loan by the appellant and his father for doing some business or

         any other activity for their livelihood.

                 35. The Lower Court Records be sent back to the Court

         concerned forthwith along with a copy of this judgment.

                 36. Let a copy of this order be also sent to learned
             Patna High Court CR. APP (SJ) No.1732 of 2025 dt.05-05-2026
                                                        23/23




                      Secretary, District Legal Services Authority, Rohtas and District

                      Magistrate, Rohtas at Sasaram for their information and needful.




                                                                           (Jitendra Kumar, J.)
Chandan/-
AFR/NAFR                A.F.R
CAV DATE                N/A
Uploading Date          09.05.2026
Transmission Date       09.05.2026


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