Created by Fuzzy Cloud

Patna High Court

XXXversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A child in conflict with law must be released on bail unless specific statutory grounds exist, and in this case none were established, so bail was granted.

Summary

The petition filed by Rahul Kumar, a child in conflict with law (CICL), sought bail after the Juvenile Justice Board and the Additional Sessions Judge (Children's Court) denied his bail applications in a case involving alleged rape and other offences under the IPC and POCSO Act. The petitioner argued false implication, lack of criminal antecedent, and that continued custody would harm his physical and mental development. The respondent contended that the offence was serious and bail could endanger the child or the public. The High Court examined Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the principles under Section 3, emphasizing that bail for a CICL is the rule unless specific grounds exist. Finding no material to show risk of contact with criminals or danger to the child, the Court set aside the lower courts' orders and granted bail with conditions. The revision petition was allowed.

Issues considered

  • Whether bail can be denied to a child in conflict with law under the Juvenile Justice Act, 2015 in a serious offence such as rape.
  • Whether the lower courts erred in denying bail without satisfying the statutory grounds under Section 12 of the Juvenile Justice Act.
  • Whether the best interest of the child necessitates release on bail in the present facts.

Legislation cited

Subjects

  • bail
  • child in conflict with law
  • Juvenile Justice Act
  • POCSO
  • rape
  • best interest of child
  • presumption of innocence

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL REVISION No.505 of 2025
        Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA P.S. District- Madhepura
     ======================================================
     Rahul Kumar Manju Devi Wife of Shivnarayan Mukhiya @ Shivnandan
     Mukhiya Resident of village-Madhuban, P.S.-Madhepura (Bharrahi O.P.),
     District-Madhepura.

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar bihar
2.   Anshu Kumari Daughter of Raghunandan Mandal village- Madhuban, Ps-
     Madhepura, (Bharrahi Op), Dist- Madhepura

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr.Pawan Kumar, Adv.
     For the Respondent/s    :        Mr.Anant Kumar, APP
     For the O.P. No.2       :        Mr. Ashok Kr. Singh, Adv.
                                      Mr. Abhishek Kr. Singh, Adv.
     ======================================================
        CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                         ORAL JUDGMENT
      Date : 29-01-2026

                   Heard learned counsel for the petitioner, learned APP

      for the State and learned counsel for the opposite party no. 2.

                   02. The instant revision petition has been filed for

      setting aside the Judgment/Order dated 22.01.2025 passed in

      Criminal Appeal No. 28 of 2024 by the learned Additional

      Sessions       Judge-I-cum-Special            Judge       (Children       Court)

      Madhepura whereby and whereunder the learned Special Judge

      (Children Court) Madhepura dismissed the appeal of the

      petitioner and also to set aside the order dated 30.09.2024

      passed by the Juvenile Justice Board, Madhepura rejecting the

      prayer of the petitioner for bail in connection with J.J.B. Case
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            2/10




         No. 114 of 2024 arising out of Madhepura Mahila PS Case No.

         34 of 2024 for the offences under Section 126(2), 115(2), 65(1),

         352 of the BNS and Section 4/8 of the POCSO Act.

                      03. Briefly stated facts of the case leading to the

         institution of the present petition is that the opposite party no. 2

         lodged a case vide Madhepura Mahila P.S. Case No. 34 of 2024

         under Section 126(2), 115(2), 65(1), 352 of the BNS and

         Section 4/8 of the POCSO Act with allegation that 6 months ago

         in a field the informant and petitioner met and the petitioner

         made physical relation with her. The petitioner continued

         making relations with her and when she told the petitioner to

         marry, he abused and assaulted her and refused to marry. When

         she became pregnant, the petitioner again abused and assaulted

         her and in panchayati the petitioner and his family members

         refused to solemnize marriage with the opposite party no. 2. The

         petitioner/child in conflict with law (in short ‘CICL’) was taken

         in custody on 02.08.2024. The CICL moved before the learned

         Juvenile Justice Board, Madhepura for grant of bail but his

         prayer was rejected and his petition for bail was dismissed vide

         order dated 30.09.2024. The CICL preferred an appeal which

         also came to be dismissed vide order dated 22.01.2025 passed

         by the learned Additional Sessions Judge-I-cum Special Judge
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            3/10




         (Children’s Court) Madhepura. The CICL approached this Court

         impugning the aforesaid two orders.

                      04. Learned counsel for the petitioner submits that the

         petitioner is falsely implicated in this case due to ill motive of

         the victim and village politics. The FIR has been lodged after

         much delay for which there is no satisfactory explanation. The

         petitioner was declared juvenile on 21.08.2024 by the JJB,

         Madhepura and the age of the petitioner was 15 years 06 months

         and 30 days on the date of occurrence and has got no criminal

         antecedent. The age of the victim is about 13 years. Learned

         counsel further submits that the orders of the learned Courts

         below are bad in the eye of law as well as on facts. The Courts

         have not considered about false implication of the CICL and the

         fact that he has been deprived of care and protection of his

         family by placing him in custody. There is no possibility of

         petitioner doing any harm to the victim or any of the witnesses.

         The social investigation report and social background report do

         not make out any case to keep the CICL in custody. It has only

         been mentioned that there was lack of discipline in the house. It

         has also been mentioned that the CICL has studied up to Class 9

         only and has interest in studies. However the same report also

         mentions about his friendly nature and normal mental condition.
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            4/10




         For his proper physical and mental development, he needs to be

         enlarged on bail as his continuous custody would be detrimental

         to his mental and physical well being. There is no chance of

         CICL falling in bad company and his family members are also

         not having any criminal antecedent. Therefore the petitioner

         ought to have been released on bail after setting aside the

         impugned orders as both the Courts below passed erroneous

         orders.

                      05. Learned counsel appearing on behalf of the

         opposite party no. 2 vehemently contends that the offence of the

         CICL is very serious. He committed rape with a 13 year old girl

         and made her pregnant. The informant has also stated the fact in

         her statement recorded under Section 183 of the BNSS. Learned

         counsel further submits that in the social investigation report

         and social background report, it has also come that there was

         general lack of discipline in the house of the CICL. He does not

         appear to be mature. The CICL comes from a poor social and

         economic background and there was lack of education and

         values of a modal society which might influence the CICL. If

         the CICL is enlarged on bail, he might commit same offence and

         might also influence the trial.

                      06. I have given my thoughtful consideration to the
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            5/10




         rival submission of the parties.

                      07. Section 12 of the Juvenile Justice (Care and

         Protection of Children) Act, 2015 reads as under:-

                            “Section 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
                            abailable 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
                            home1[or a place of safety, as the case may
                            be] in 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
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            6/10




                            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.”
                      08. The aforesaid provision makes it clear that a CICL

         could be denied bail only on the ground that on release, the said

         child would come in contact with criminal elements and there

         was danger to the moral, physical and psychological well being

         of the CICL or would defeat the ends of justice. If these grounds

         are not present, the bail could not be denied to a CICL.

                      09. Now, at the same time, relevant portion of Section

         3 of the Juvenile Justice (Care and Protection of Children) Act,

         2015, inter alia, provides for the general principles of care and

         protection of children and are extracted herein below:-

                            “The Central Government, the State
                            Governments,1[the Board, the Committee,
                            or] other agencies, as the case may be,
                            while implementing the provisions of this
                            Act shall be guided by the following
                            fundamental 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
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            7/10




                            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
                            (vi)…
                            (vii)…
                            (viii)Principle      of      non-stigmatising
                            semantics: Adversarial or accusatory words
                            are not to be used in the processes
                            pertaining to a child.
                            (ix)…
                            (x)…
                            (xi)...
                            (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)...
                            (xv)…
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            8/10




                            (xvi)...”

                      10. Cumulative reading of these two provisions show

         the CICL shall be released on bail unless the fact comes on

         record that there was chance of such child coming in contact

         with a known criminal or enlarging such child on bail might

         endanger his moral, physical or psychological well being.

         Further the courts being parens patriae are supposed to look

         into for protection of best interest of the child. All such steps are

         to be taken by the Courts for reformation and rehabilitation of a

         child in conflict with law.

                      11. In the facts of the present case, the alleged offence

         is serious but the bail to a child in conflict with law could be

         denied only under specific circumstances as mentioned

         hereinbefore. Otherwise the bail is a rule and jail is an exception

         in case of CICL as well. The CICL has remained in custody

         since 02.08.2024 and perusal of the impugned order show the

         bail was denied on the ground that release of the child in

         conflict with law would be against the best interest of the child

         and the possibility of child suffering mental, physical or

         psychological danger could not be ruled out. Further from the

         record, I do not find any material to infer that the child would

         come in contact with some known criminal or if released, he
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                            9/10




         will suffer mental, physical or psychological harm. For

         reformatory measures and rehabilitation and to protect the best

         interest of the child, the best place could be the house of the

         child.

                      12. Therefore, in the light of the aforesaid discussion,

         I am of the considered opinion that the child in conflict with law

         could be released on bail and accordingly petitioner/CICL be

         released on bail, on furnishing bail bonds of Rs.10,000/-

         (Rupees Ten Thousand Only) each with two sureties of the like

         amount each to the satisfaction of learned J.J.Board, Madhepura

         /concerned court, in connection with J.J.B. Case No. 114 of

         2024 arising out of Madhepura Mahila PS Case No. 34 of 2024,

         subject to the following conditions:

                            (i) One of the bailors will be the parents of

                            the petitioner and other bailor will also be

                            relative of the petitioner having no

                            criminal       antecedent    and   shall   give

                            undertaking that he/she shall keep proper

                            care and upkeep of the petitioner.

                            (ii) The petitioner shall remain present

                            before the Board on each and every date of

                            trial of the case fixed by the Board.
             Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
                                                        10/10




                                   13.Accordingly, the Judgment/Order dated 22.01.2025

                      passed by learned Additional Sessions Judge-I-cum-Special

                      Judge (Children Court) Madhepura and order dated 30.09.2024

                      passed by the Juvenile Justice Board, Madhepura are set aside

                      and hence, the present revision petition stands allowed.

                                   14. Office is directed to return the lower court record

                      forthwith.




                                                 (Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          29.01.2026
Transmission Date       29.01.2026


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.