Patna High Court
Abhishek Kumar @ Abhishek MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the trial court’s order denying bail is set aside and bail is granted to the juvenile appellant.
Summary
The appellant, a 16‑year‑old juvenile, was charged under IPC sections 363 and 366A and POCSO Act section 8 for kidnapping, robbery and rape of a minor. The trial court denied his bail application, citing the seriousness of the offences, without considering the specific provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. On appeal, counsel argued that bail for a child in conflict with law must be assessed on the three criteria under Section 12 of the JJ Act and that a Social Investigation Report was not ordered. The High Court held that the trial court erred by not applying the JJ Act criteria and by rejecting bail on merit alone. Consequently, the appellate court set aside the trial court’s order and granted bail on a bond with sureties, subject to conditions regarding the appellant’s conduct and supervision by his father.
Issues considered
- Whether the trial court correctly denied bail to a juvenile without applying Section 12 of the Juvenile Justice Act.
- Whether a Social Investigation Report is mandatory before deciding bail for a child in conflict with law.
- Whether the seriousness of offences under IPC and POCSO precludes bail for a juvenile.
Legislation cited
Subjects
- bail
- juvenile justice
- child in conflict with law
- IPC
- POCSO
- social investigation report
- Section 12
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2543 of 2025
Arising Out of PS. Case No.-84 Year-2024 Thana- BELA District- Sitamarhi
======================================================
Abhishek Kumar @ Abhishek Mukhiya S/o Naresh Mukhiya Resident Of
Village- Khairwa, Ps- Bela, Dist- Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar
2. Shyama Devi W/O Chandashwar Mukhiya R/O Village- Khairwa, Bhiswa,
ward no. 7, P.S. - Bela, Dist. - Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Arvind Kumar Jha, Advocate
For the State : Mr. Syed Ashfaque Ahmad, APP
For the Informant : Mr. Virendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-03-2026 Heard learned counsel for the appellant, learned
A.P.P. for the State and learned counsel for the
informant/Respondent No. 2.
2. This appeal has been filed against the order dated
15.04.2025 passed by learned Additional Sessions Judge 1st-
cum-Special Judge (Children’s Court), Sitamarhi in Trial No. 07
of 2025 arising out of Bela P.S. Case No. 84 of 2024, registered
for the offence punishable under Sections 363 and 366A of the
Indian Penal Code and Section 8 of the P.O.C.S.O. Act, whereby
the prayer for bail of appellant has been rejected.
3. The prosecution case, in brief, is that on the alleged
date and time of occurrence, when the minor daughter of
Patna High Court CR. APP (SJ) No.2543 of 2025(3) dt.19-03-2026
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informant had gone to market, in the meantime, she was
abducted by all the F.I.R. named accused persons, including this
petitioner, on the point of pistol and the accused persons,
snatched cash and gold ornaments for her and committed rape
upon her.
4. Learned counsel for the appellant submits that bail
application of the appellant, who is juvenile in conflict with law,
has been rejected by the Court below considering the merit,
nature and gravity of the offence, which is not in consonance
with Juvenile Justice (Care and Protection of Children) Act,
2015 (for short “J.J.Act”) and from bare perusal of the
impugned order it is apparent that the S.I.R. (Social
Investigation Report) was not called for by the learned Trial
Court. He next submits that appellant has been declared juvenile
by the Juvenile Justice Board, Sitamarhi on 19.03.2025 and the
Board has found his age as 16 years 1 month and 27 days (copy
of order is annexed as Annexure-P/2 to this bail petition).
Appellant has got no criminal antecedents and he is in custody
since 10.07.2024.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant/Respondent No. 2 have
vehemently opposed this appeal.
Patna High Court CR. APP (SJ) No.2543 of 2025(3) dt.19-03-2026
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6. Heard learned counsel for the parties. In case of
bail to a juvenile in conflict with law, the approach of the Court
has to be different. While considering the bail application of
juvenile in conflict with law, the Court has to consider following
three grounds, mentioned in Section 12 of the J.J.Act:
“(i) Likelihood of association with known
criminals,
(ii) Likelihood of moral, physical or
psychological danger, and
(iii) Likelihood to defeat ends of justice, rather
than searching into merits of case of nature
and gravity of allegations.”
7. In this case, the aforesaid grounds were not
considered nor any social investigation report was called for and
the bail application of appellant was rejected on merit.
8. Accordingly, considering the aforesaid facts and
circumstances as well as period of custody and clean antecedent,
the impugned order dated 15.04.2025 passed by the learned
Additional Sessions Judge 1st-cum-Special Judge (Children’s
Court), Sitamarhi in Bela P.S. Case No. 84 of 2024, Trial No. 07
of 2025 is hereby set aside and this appeal is allowed.
9. Let the appellant, as named above, be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.2543 of 2025(3) dt.19-03-2026
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learned District and Additional Sessions Judge VI-cum-Special
Judge (POCSO Act), Sitamarhi in connection with Bela P.S.
Case No. 84 of 2024, subject to condition that one of the
bailors will be father of the appellant and he would file an
affidavit giving an undertaking to the effect that he will take
care of good behaviour and child’s (appellant) well-being and
will not allow him to go in the company of bad elements.
(Prabhat Kumar Singh, J)
shashank/-
U T
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