Patna High Court
Md. Arman @ Arman AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the juvenile accused of gang rape.
Summary
The appellant, Md. Arman, a juvenile assessed to be under eighteen, was alleged to have participated in a gang rape. He filed an application for bail, invoking the Juvenile Justice (Care and Protection of Children) Act, 2015, specifically sections that treat bail as a rule and its denial as an exception. The State opposed the bail on the ground of the seriousness of the offence and the appellant's alleged association with bad company. The court examined the provisions of the JJ Act but emphasized the gravity of the charges and the appellant's conduct. Consequently, the court declined to grant bail and dismissed the application.
Issues considered
- Whether a juvenile accused of gang rape is entitled to bail under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3(i), 3(iv), 3(v), 3(xiv)
Subjects
- bail
- juvenile
- gang rape
- Juvenile Justice Act
- child in conflict with law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4921 of 2025
In
CRIMINAL REVISION No.995 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- FULKAHA District- Araria
======================================================
Md. Arman @ Arman Ansari S/O Mahuddin @ Majuddin Ansari R/o vill -
Milki Dumariya, ward no. 7, P.s.- Fulkaha, Distt.- Araria, Under Guardianship
of Mother Amina Khatun, W/o Majuddin @ Majuddin Ansari, R/o vill - Milki
Dumariya, ward no. 7, P.s.- Fulkaha, Distt.- Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. XXX D/o XXX R/o vill - Milki Dumariya, ward no. 9, P.S.- Fulkaha, Distt.-
Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vijay Kishore Bharti, Advocate
For the Respondent/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-02-2026 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 along
with others is alleged of committing gang rape.
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.4921 of 2025(3) dt.02-02-2026
2/2
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
12.02.2025 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 A.P.P. for the State has opposed the prayer
of the appellant on the ground that the appellant along with
others has committed gang rape.
8. Considering the allegations and the fact that the
appellant has already fallen in bad company, this Court is not
inclined to grant bail to the appellant.
9. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…