CICLversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4916 of 2025
                       Arising Out of PS. Case No.-22 Year-2025 Thana- RANIGANJ District- Araria
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                 CICL S/o Kulanand Mandal Resident of village- Khamkol, Police station-
                 Forbesganj, District- Araria, through his father, Kulanand Mandal, who is the
                 natural Guardian

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX W/o Y R/o vill - Khamkol Dumariya Ward no. 1, P.s.- Forbesganj,
                 Distt.- Araria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Mukesh Kumar Rana, Advocate
                 For the Respondent/s    :        Mr.Zeyaul Hoda, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   03-02-2026                   Heard learned counsel for the appellant and learned

                   APP for the State.

                               2. The present application has been filed on behalf of

                   the appellant.

                               3. As per the prosecution case, the appellant is

                   accused of abducting informant’s daughter and establishing

                   physical relation with her.

                               4. Learned counsel for the appellant has submitted

                   that the petitioner has been held to be juvenile and on the date of

                   occurrence he has been assessed to be less than eighteen years.

                               5. Learned counsel for the appellant further relies

                   upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the
Patna High Court CR. APP (SJ) No.4916 of 2025(3) dt.03-02-2026
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          Juvenile Justice (Care and Protection of Children) Act, 2015. He

          also relies upon Section 12 of the Juvenile Justice (Care and

          Protection of Children) Act, 2015 and has submitted that bail is

          a rule and denial of bail to a juvenile is an exception.

                       6. He further submits that though the appellant is a

          child in conflict with law but he has remained in jail since

          25.01.2025 and the Court below has not considered the law with

          regard to the release of juvenile under the Juvenile Justice (Care

          and Protection of Children) Act, 2015.

                       7. Learned counsel for the appellant further submits

          that family members of the appellant including the father of the

          petitioner will take care of the appellant so that he may not do

          any further crime and he may not remain in the company of the

          criminals.

                       8. Considering the aforesaid submissions and the fact

          that the petitioner has been in custody since one year, this

          application is allowed and the order dated 24.05.2025, is hereby

          set aside.

                       9. Let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- with two sureties of the

          like amount each to the satisfaction of the learned 1st Additional

          Sessions Judge-cum-Special Judge, Araria, subject to the
              Patna High Court CR. APP (SJ) No.4916 of 2025(3) dt.03-02-2026
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                        following conditions:-

                                                  (i) that one of the bailors should be the father
                                     of the appellant.
                                                  (ii) that the father of the appellant shall file an
                                     affidavit before the concerned Court below, giving specific
                                     undertaking that after release of the appellant on bail, he
                                     will take proper care of the appellant and will not allow
                                     him to fall into bad company.
                                                  (iii) The appellant will co-operate in the trial
                                     in the Children Court. He will appear personally or
                                     through his lawyer. Any default in the same will result in
                                     the cancellation of the bail bonds of the appellant.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T