Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted permission to convert the revision petition into an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Summary
Rupesh Kumar, a minor, applied for bail which was denied by the Special Judge, Children’s Court, Sitamarhi. The petitioner filed a criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, challenging the bail denial. The petitioner’s counsel sought permission to convert the revision into an appeal under Section 101(5) of the same Act. The Patna High Court, after hearing, granted permission for the conversion and directed the petitioner’s counsel to file the appeal within two weeks, ordering the office to cooperate. No substantive decision on the bail application was made; the order dealt solely with procedural conversion.
Issues considered
- Whether a criminal revision filed under Section 102 of the Juvenile Justice Act can be converted into an appeal under Section 101(5) of the Act
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 101(5), 102
Subjects
- bail
- juvenile justice
- revision
- appeal
- section 101(5)
- section 102
- procedural conversion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.555 of 2025
Arising Out of PS. Case No.-308 Year-2024 Thana- BAJPATTI District- Sitamarhi
======================================================
Rupesh Kumar S/o Harish Chanddra Mandal @ Harish Chandra Mandal @
Hari Chandr Mandal @ Hari Chandra Mandal R/o village - Sadwara, ward no.
-4 @ Sandwara ward no. -4, P.S. - Bajpatti, Dist. - Sitamarhi, under the
guardianship of Kusama Devi, W/o Hari Chandr Mandal @ Hari Chandra
Mandal @ Harish Chandra Mandal @ Harish Chanddra Mandal, R/o vill -
Sadwara, ward no. 4, P.s- Bajpatti, Distt.- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chinta Devi W/o Umesh Mandal R/o vill - Madhurapur, ward no. 5, P.s.-
Bajpatti, Dist. - Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Adv.
For the State : Mr. Lakshmi Kant Sharma, APP
For the Informant : Mr. Uday Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 The petitioner has approached this Court against order
dated 29.04.2025 passed by learned 1st Additional Sessions
Judge-cum-Special Judge, Children’s Court, Sitamarhi whereby
and whereunder the prayer for bail on behalf of the petitioner
has been rejected.
02. Obviously, against such order an appeal under
Section 101(5) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (in short ‘the Act’) would lie but the
petitioner has approached this Court by filing a revision petition
under Section 102 of the Act and faced with the situation,
Patna High Court CR. REV. No.555 of 2025(3) dt.06-01-2026
2/2
learned counsel for the petitioner seeks permission to convert
the present criminal revision into an appeal under Section
101(5) of the Act.
03. Permission is accorded.
04. Learned counsel for the petitioner is directed to
convert the present revision petition into an appeal under
Section 101(5) of the Act within two weeks.
05. Office is directed to extend all cooperation
towards conversion.
(Arun Kumar Jha, J)
anuradha/-
U T
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