Patna High Court
Bhola Raut @ Bhola Kumar RautversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
Only an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 lies against the order, not a revision under Section 102.
Summary
The Patna High Court examined the bail denial order of the Children Court against Bhola Raut, a 17‑year‑old accused of offences under the IPC and POCSO Act. The petitioner filed a revision challenging the order, contending that it was an original order and not subject to appellate jurisdiction. The Court considered whether the appropriate remedy was a revision under Section 102 of the Juvenile Justice Act or an appeal under Section 101(5). It held that only an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is permissible, as the order was not passed under appellate jurisdiction. Accordingly, the Court granted permission to convert the revision petition into a criminal appeal within a week and directed cooperation for the conversion, allowing the petitioner to seek an early hearing.
Issues considered
- Whether the order of the Children Court can be challenged by a revision under Section 102 of the Juvenile Justice Act
- Whether the appropriate remedy is an appeal under Section 101(5) of the Juvenile Justice Act
Legislation cited
- Indian Penal Code — s. 354, 354B, 354D, 376, 504/34
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 101(5), 102
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- juvenile justice
- appeal vs revision
- POCSO
- child accused
- criminal procedure
- conversion of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.577 of 2025
In
CRIMINAL APPEAL (SJ) No.2029 of 2024
Arising Out of PS. Case No.-204 Year-2023 Thana- MAJORGANJ District- Sitamarhi
======================================================
Bhola Raut @ Bhola Kumar Raut S/O Bhikhu Raut Under the guardianship of
his father Bhikhu Raut, R/O Village- Dumri Kalan, P.S- Majorganj, Distt.-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr.Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 18-02-2026 The order dated 04.04.2024 passed by the learned 1st
Additional Sessions Judge-cum-Presiding Officer, Children
Court, Sitamarhi in Majorganj P.S. Case No. 204/2023
registered under Sections 354, 354B, 354D, 376, 504/34 of the
Indian Penal Code and Sections 4/8 of POCSO Act, whereby
and whereunder the prayer for bail of the revisionist has been
rejected, is under challenge in this revision petition.
2. The learned counsel for the petitioner submits that
the age of the petitioner was assessed to be 17 years 21 days on
the date of occurrence and the case of the petitioner was
transferred to the Children Court vide order dated 05.02.2024
passed by the learned Juvenile Justice Board. Therefore, for the
Patna High Court CR. REV. No.577 of 2025(4) dt.18-02-2026
2/3
first time, the orders were passed on the prayer of the petitioner
for grant of bail by the learned Children Court.
3. In the light of aforesaid facts and circumstances, it
is clear that the an appeal would lie under Section 101(5) of the
Juvenile Justice (Care and Protection of Children) Act, 2015
(hereinafter referred to as the JJ Act) and not a revision under
Section 102 of the JJ Act.
4. At this stage, learned counsel for the petitioner
submits that initially the petitioner has rightly filed Cr. Appeal
(SJ) No.2029 of 2024. However, the petitioner converted the
criminal appeal into a criminal revision on the orders of learned
Coordinate Bench of this Court dated 18.04.2025.
5. Even though, there is order of learned Coordinate
Bench directing the petitioner to convert his criminal appeal into
criminal revision, I do not think any order could be passed
against the statute. Moreover, the learned Coordinate Bench,
perhaps, missed the point that the order passed by the learned 1st
Additional Sessions Judge-cum-Presiding Officer, Children
Court, Sitamarhi was not under any appellate jurisdiction and it
was an original order which is being assailed before this Court.
Therefore, only an appeal under Section 101(5) of JJ Act would
lie.
Patna High Court CR. REV. No.577 of 2025(4) dt.18-02-2026
3/3
6. At this stage, the learned counsel for the petitioner
seeks permission to convert the present criminal revision
petition into a criminal appeal within a week.
7. Permission is accorded.
8. Learned counsel for the petitioner is directed to
convert the present criminal revision petition into a criminal
appeal within a week.
9. Office is directed to extend all cooperation towards
conversion.
10. After the conversion, the petitioner is at liberty to
mention the matter for early hearing before the roster Bench.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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