Patna High Court

Chandrika MukhiyaversusThe State of Bihar

Decided: 29 January 2026
Disposal: ALLOWED
Bench: R P MISHRA

Holding

Bail must be granted to the juvenile appellant; the order denying bail is set aside.

Summary

The appellant, a 16‑year‑old juvenile, was charged under IPC sections 376 and 506 and POCSO sections 4 and 6 for the alleged rape of the informant’s minor daughter. The Additional Sessions Judge‑cum‑Special Judge denied bail, prompting an appeal to the Patna High Court. The appellant’s counsel argued that the Juvenile Justice (Care & Protection of Children) Act, 2015 presumes innocence for children, that Section 12 mandates bail unless there are reasonable grounds to refuse, and that no direct evidence linked the appellant to the crime. The State and the informant opposed bail, but the Court noted the Social Investigation Report showed no adverse findings, the father’s undertaking, and that the case did not fall within the proviso of Section 12. Relying on the presumption of innocence and the Lalu Kumar case, the Court set aside the lower court’s order and granted bail with conditions. The appeal was therefore allowed.

Issues considered

Whether a child in conflict with law accused of a non‑bailable offence under the POCSO Act is entitled to bail under Section 12 of the Juvenile Justice Act, 2015.
Whether the gravity of the alleged offence (rape) can be a ground to deny bail to a juvenile.
Whether the presumption of innocence and the general principles of the Juvenile Justice Act apply in this bail determination.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023
Indian Penal Code — s. 376, 506
Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3
Protection of Children from Sexual Offences Act, 2012 — s. 4, 6

Subjects

bail
juvenile justice
presumption of innocence
POCSO
rape
observation home
Section 12
child in conflict with law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2104 of 2025
Arising Out of PS. Case No.-39 Year-2023 Thana- NADI District- West Champaran
======================================================
Chandrika Mukhiya S/o Sri Rajendra Mukhiya @ Rajindra Mukhiya Resident
of village- Bharathapatti, PS- Nawalpur, District- West Champaran, through
his father Rajendra Mukhiya, Son of Sri Barhu Mukhiya, R/o village-
Bharathapatti, PS- Nawalpur, District- West Champaran

... ... Appellant/s
Versus
1. The State of Bihar
2. Malti Devi W/o Sri Badri Chaudhary Resident of village- Bharathpatti, PS-
Nawalpur, District- West Champaran At present Vill.- Mujauna, PS- Nadi,
Distt.- West Champaran

... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Verma, Advocate
For the Respondent/s : Mr. Vinod Shanker Modi, SPP
For the Informant : Mr. Harsha Shashwat, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 29-01-2026
Heard learned counsel for the appellant, learned

Special Public Prosecutor for the State, learned counsel for the

informant and perused the case diary.

2. The instant appeal has been filed by the appellant

against the order dated 26.04.2025 passed by learned Additional

Sessions Judge-cum-Special Judge, Children Court, West

Champaran at Bettiah whereby the prayer for bail of the

appellant in connection with Bagaha Nadi P.S. Case No. 39 of

2023 under Sections 376, 506 of the Indian Penal Code and

Sections 4/6 of the POCSO Act by which the prayer of the
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
2/10

appellant for grant of bail was rejected.

3. Accusation against the appellant is of commission

of rape upon the informant’s minor daughter.

4. Learned counsel for the appellant submits that the

appellant is juvenile and innocent and has committed no any

offence as alleged in the F.I.R. The appellant has falsely been

implicated in the present case merely on the basis of suspicion.

The appellant has been declared juvenile and his age was

assessed as 16 years, 4 months and 20 days by the Juvenile

Justice Board. The allegation levelled against the appellant is

false and concocted. There is no direct or specific evidence

against the appellant and only on the basis of suspicion and

circumstantial evidence, the appellant has been falsely

implicated in the present case.

5. Learned counsel for the appellant further submitted

that the appellant has no criminal antecedents and he has been in

observation home since 26.11.2023.

6. Learned counsel for the appellant further contends

that father of the appellant, who is the guardian of the appellant,

undertakes that he will take care of the conduct and behaviour

of the appellant and further added that the appellant will bear

good conduct and behaviour in future. He thus prays that the
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
3/10

appellant may be released on bail. Learned counsel for the

appellant further submits that the present case does not come

under the proviso of Section 12 of the J.J.Act.

7. Learned counsel for the appellant further submits

that father of the appellant is ready to keep the appellant in a

social conducive atmosphere and will not allow her son to be in

company of unlawful element of the society. Learned counsel

for the appellant further submits that the father of the appellant

has given an undertaking that upon release on bail, juvenile will

not be permitted to go into contact or association with any

known criminal or allowed to be exposed to any moral,

physical, or psychological danger and further that the father of

the appellant will ensure that the juvenile will not repeat the

offence. Learned counsel for the appellant submits that the

Social Investigation Report (for brevity, ‘S.I.R.’) clearly reflects

that the appellant belongs to a poor family background and, due

to financial hardship, has been earning wages from a very young

age to support his family. It is further submitted that upon local

enquiry, the villagers have categorically stated that the appellant

is innocent and has been maintaining good moral conduct and

character in society. The S.I.R. also brings on record that even

about 2–2½ years prior to the alleged occurrence, the
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
4/10

prosecution side had attempted to falsely link the appellant’s

name with the elder sister of the victim, indicating a pre-existing

animosity and false implication. Learned counsel for the

appellant further points out that the learned court below, without

considering the general principles laid down under Section 3 as

well as the mandatory provisions of Section 12 of the J.J.Act,

rejected the bail of the petitioner who is child in conflict with

law.

8. Learned Special P.P. for the State and learned

counsel for the informant have vehemently opposed the prayer

for grant of bail to the appellant.

9. Section 3 of the J.J. Act of 2015 enumerates the

general principles to be followed in administration of the Act. It

regulates the conduct and behaviour of all persons functioning

under the Act. It states that the Central Government, the State

Governments, the Board and other agencies, as the case may be,

while implementing the provisions of the Act shall be guided by

the fundamental principles enumerated in clauses (i) to (xvi).

Section 3 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
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
5/10

principles, namely:—
(i) Principle of presumption of innocence: Any child
shall be presumed to be an innocent of any mala fide or
criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth: All human beings
shall be treated with equal dignity and rights.
(iii) Principle of participation: Every child shall have a
right to be heard and to participate in all processes
and decisions affecting his interest and the childs views
shall be taken into consideration with due regard to the
age and maturity of the child.
(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.
(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.
(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 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.
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
6/10

(ix) Principle of non-waiver of rights: No waiver of any
of the right of the child is permissible or valid, whether
sought by the child or person acting on behalf of the
child, or a Board or a Committee and any non-exercise
of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination: There
shall be no discrimination against a child on any
grounds including sex, caste, ethnicity, place of birth,
disability and equality of access, opportunity and
treatment shall be provided to every child.
(xi) Principle of right to privacy and confidentiality:
Every child shall have a right to protection of his
privacy and confidentiality, by all means and
throughout the judicial process.
(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 in, before coming under the purview
of this Act, unless such restoration and repatriation is
not in his best interest.
(xiv) Principle of fresh start: All past records of any
child under the Juvenile Justice system should be
erased except in special circumstances..
(xv) Principle of diversion: Measures for dealing with
children in conflict with law without resorting to
judicial proceedings shall be promoted unless it is in
the best interest of the child or the society as a whole.
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
7/10

(xvi) Principles of natural justice: Basic procedural
standards of fairness shall be adhered to, including the
right to a fair hearing, rule against bias and the right
to review, by all persons or bodies, acting in a judicial
capacity under this Act.”

10. Section 12 of the Juvenile Justice (Care &

Protection of Children) Act, 2015 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 persons 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 sub-section (1) by the
officer-in-charge of the police station, such officer
shall cause the person to be kept only in an observation

home 1[or a place of safety, as the case may be] in
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
8/10

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.”

11. This Court is of the view that the provision of

Section 12 of the said Act relating to bail shall be taken into

consideration, notwithstanding anything contained in the

Bharatiya Nagarik Suraksha Sanhita, 2023, in the touchstone of

the principle of presumption of innocence of the child. Thus,

granting bail to a child in conflict with law is the rule and

refusal is an exception.

12. This Court finds that in the case of Lalu Kumar @

Lal Babu @ Lallu vs The State of Bihar reported in 2019 (4) PLJR

833, the Court has held that the gravity and nature of the offence

are immaterial for consideration of bail under the Act of 2015

and general principles as stated under Section 3 of the Act of

2015 have to be followed.

13. Having heard the submissions made by the
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
9/10

learned counsel for the parties and having perused the materials

available on record as also in the Social Investigation Report

nothing adverse has been reported against the present appellant

and considering the undertaking filed by the father of the

appellant coupled with the fact that the present case is not

covered by the proviso of Section 12 of the J.J. Act, it appears

that the order dated 26.04.2025 is not justified in law.

14. Considering the aforesaid facts and circumstances

of the case and the period of custody undergone in observation

home by the appellant, this Court is inclined to allow this

appeal.

15. Accordingly, the appeal is allowed and order dated

26.04.2025 passed by learned Additional Sessions Judge-cum-

Special Judge, Children Court, West Champaran at Bettiah, is

hereby set aside.

16. Let the appellant be released on bail on furnishing

bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

sureties of the like amount each to the satisfaction of Court

below/concerned Court in connection with Bagaha Nadi P.S.

Case No. 39 of 2023, subject to the following conditions:

(I) The first bailor must be the father of the appellant.

(II) The second bailor would be the recognized
Patna High Court CR. APP (SJ) No.2104 of 2025 dt.29-01-2026
10/10

member of the Panchayat or the reputed person of the village.

(III) The appellant shall remain present before the

appellate court as well as the J.J. Board as and when required.

(IV) The Probation Officer of the District shall submit

Social Investigation Report (S.I.R.) from time to time before the

concerned court below.

(Rudra Prakash Mishra, J)
Alok Verma/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.02.2026
Transmission Date 04.02.2026

Continue reading with your account

Checking your session…