Created by Fuzzy Cloud

Patna High Court

Abhishek Kumar @ Abhishek MukhiyaversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                             2/4




          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
                                             3/4




                       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
                                                          4/4




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.