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Patna High Court

Kishan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail must be granted to the child in conflict with law as none of the grounds under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 are satisfied, and the lower orders denying bail are set aside.

Summary

The petition was filed by Vijay Paswan, a 17‑year‑old child in conflict with law (CICL), who had been denied bail by the Juvenile Justice Board and subsequently by an Additional Sessions Judge‑cum‑Children Court in a case involving alleged kidnapping and sexual assault under the BNS Act, POCSO Act and SC/ST (Prevention of Atrocities) Act. The petitioner sought bail through a criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, arguing that the lower courts erred in refusing bail without satisfying the specific grounds prescribed in Section 12 of the Act. The High Court examined the statutory framework, emphasizing the principle of the best interest of the child and noting that bail can be denied only if release would expose the child to criminal elements, physical/psychological danger, or defeat the ends of justice. Finding no material to support such grounds, the Court held that the lower courts had misapplied the law. Consequently, the revision petition was allowed, the earlier orders were set aside, and the petitioner was directed to be released on bail with conditions.

Issues considered

  • Whether bail can be denied to a child in conflict with law absent the specific grounds enumerated in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
  • Whether the nature and gravity of the alleged offence can be a ground to refuse bail to a CICL.
  • Whether the lower courts erred in finding that the release of the CICL would expose him to physical or psychological danger or defeat the ends of justice.

Legislation cited

Subjects

  • bail
  • child in conflict with law
  • Juvenile Justice Act
  • best interest of child
  • Section 12
  • criminal revision
  • POCSO
  • SC/ST Act
  • kidnapping
  • sexual assault

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL REVISION No.695 of 2025
          Arising Out of PS. Case No.-23 Year-2025 Thana- SONBERSA District- Sitamarhi
     ======================================================
     X1
                                                ... ... Petitioner/s
                              Versus

1.   The State of Bihar
2.   Vijay Paswan S/o Late Mishrilal Paswan R/o Bhutahi(Sonbarsa) Dist.-
     Sitamarhi

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :       Mr.Sanjay Kumar, Advocate
     For the State             :       Mr.Binay Krishna, Spl. P.P.
     For O.P. No. 2            :       Mr. Prem Kumar Paswan, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                     ORAL JUDGMENT

      Date : 06-07-2026


                        Heard learned counsels for the parties.

                        02. From perusal of record, it transpires that in the

      revision petition, the identity details of the petitioner/child in

      conflict with law (for brevity “CICL”) is being disclosed, which

      is against the statutory provisions prescribed under Section 74

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

      2015 (for short ‘the Act of 2015’), which mandates protection of

      disclosure of identity of the CICL. Therefore, the identity of the

      CICL is being referred to in the cause title as X1.

                        03. Registry while uploading the order on the

      website shall also ensure that the cause title is reflected in
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         similar manner.

                          04. The instant criminal revision petition has been

         preferred by the petitioner under Section 102 of the Act of 2015

         challenging the judgment dated 12.06.2025 passed in Criminal

         Appeal No. 13 of 2025 by the learned Additional Sessions

         Judge-I -cum- Children Court, Sitamarhi, whereby the order

         dated 30.04.2025 passed by the Juvenile Justice Board,

         Sitamarhi in J.J.B. Case No. 1989 of 2025 arising out of

         Sonbarsa P.S. Case No. 23 of 2025 has been affirmed and the

         appeal preferred by the petitioner has been dismissed.

                          05. The informant-opposite party no. 2 has

         instituted Sonbarsa P.S. Case No. 23 of 2025, dated 25.01.2025

         registered for the offences under Section 96 BNS, Section 4/6

         POCSO Act and Sections 3(1)(r)(s)/3(2) (va) of SC/ST

         (Prevention of Atrocities) Act. The informant alleged that the

         petitioner and other co-accused enticed away his daughter and

         also her friend with intention of marrying them. During

         investigation the petitioner was apprehended and put in custody

         on 31.01.2025.

                          06. During investigation the petitioner was

         apprehended and put in custody on 31.01.2025 and learned

         Juvenile Justice Board, Sitamarhi determined the age of the
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         petitioner to be 17 years 3 months 16 days on the date of

         occurrence and was declared juvenile/child in conflict with law

         (CICL) on 23.04.2025. The CICL filed a petition for grant of

         bail but vide order dated 30.04.2025 the learned Juvenile Justice

         Board rejected the prayer for bail made on behalf of CICL.

                          07. Against the rejection order passed by learned

         Juvenile Justice Board in J.J.B. No. 1989 of 2025, the CICL

         approached the court of learned Additional Sessions Judge-I

         -cum- Children Court, Sitamarhi in Criminal Appeal No. 13 of

         2025 and the learned appellate court did not find any illegality

         in the impugned order and dismissed the appeal on merit vide its

         judgment dated 12.06.2025.

                          08. Being aggrieved by the order of learned

         appellate court, the CICL has filed the present revision petition

         seeking bail.

                          09. Learned counsel for the petitioner (CICL)

         submits that the petitioner is innocent and has been falsely

         implicated in this case. Learned counsel further submits that the

         FIR has been lodged after delay of four days without any

         explanation. The victim girls have been recovered but they did

         not support the case and made the story of kidnapping false as

         has been brought on record through its report by the informant.
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         It is also not believable that the petitioner, all alone, kidnapped

         two girls of his age group. The learned courts below completely

         misjudged the situation and did not take note of love affair

         between the petitioner and the victim. The petitioner is nearly

         aged about 18 years and in the given background, the facts of

         the case ought to have been appreciated. Learned counsel also

         submits that the learned appellate court as well as learned

         Juvenile Justice Board recorded their observation that there was

         apprehension that the release of the petitioner would not be in

         the interest of the petitioner and would expose him to physical

         or psychological danger. There is no material on record to arrive

         at such finding. Learned counsel next submits that the nature

         and gravity of the offence is immaterial for grant of bail to a

         child in conflict with law as has been made clear by Section 12

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

         2015. Learned counsel further submits that both the learned

         courts below have failed to appreciate the statutory provisions

         prescribed under the Act of 2015 and the ratio laid down by this

         Court in the case of Lalu Kumar & Ors. Vs. The State of Bihar

         & Ors, reported in 2019 (4) PLJR 833. Learned counsel further

         submits that the parents of the petitioner are ready to take care

         of their child. The petitioner has got clean antecedent. The
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         petitioner is in custody since 31.01.2025.

                          10. Learned APP for the State as well as learned

         counsel for the informant/opposite party no. 2 vehemently

         oppose the submission made on behalf of the petitioner. Learned

         counsel for the opposite party no. 2 submits that there is very

         serious allegation against the petitioner for sexually assaulting

         the daughter of the informant. Learned counsel further submits

         the learned courts below recorded their finding that the release

         of the petitioner would expose him to physical and

         psychological danger and therefore, bail was denied to the

         petitioner and if the petitioner is released on bail, it would defeat

         the ends of justice.

                          11. I have given my thoughtful consideration to

         the rival submission of the parties and perused the record.

                          12. Section 12 of the Act of 2015 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 or there was danger to the moral, physical and

         psychological well being of the CICL or the release would

         defeat the ends of justice. If these grounds are not present, the

         bail could not be denied to a CICL.

                          13.Further, the Act of 2015 is, in fact, child
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         friendly. The central theme is that the interest of child is

         supreme. Section 3 of the Act of 2015 incorporates the general

         principles to be followed in the administration of the Act.

         According to which, “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. In fact, Section 3(iv) of the Act of 2015 provides for

         the principle of best interest and for 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. Section 3(xii) of the Act of 2015 makes it abundantly

         clear that a child shall be placed in institutional care as a step of

         last resort after making a reasonable inquiry. Further, Section

         3(xiii) of the Act of 2015 provides for Principle of repatriation

         and restoration stating that a CICL shall have the right to re-

         unite with his family and be restored to the social, cultural and

         the economic background that he came from unless such

         restoration and repartition is not in the CICL’s best interest.

                          14. Cumulative reading of aforesaid provisions

         show the CICL should 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
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         expose him to moral, physical or psychological danger. 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

         CICL.

                          15. In the present case, the facts before the

         Juvenile Justice Board or learned appellate court did not show

         any imminent danger to the petitioner of moral, physical and

         psychological danger rather their appears lack of vision for

         arriving at aforementioned finding by the learned Juvenile

         Justice Board as well as learned appellate court. From the order

         of the learned appellate court, I hardly find any material to show

         that there is any basis before the learned appellate court to arrive

         at its finding that release of the petitioner would allow him to

         come in contact with his previous associates and his social,

         physical and psychological well being would come to any harm

         and the ends of justice would be defeated. Moreover, the

         purpose of the Act of 2015 is the reformation of the child and

         the institutionalization of a CICL is a matter of last resort and

         could not be resorted to thinking that such custody would be for

         betterment of the child and would psychologically make him a

         good citizen. This is possible only under the guardianship of the
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         parents and other family members. Further, the nature of offence

         cannot be made a ground to refuse bail to a CICL as held in case

         of Lalu Kumar & Ors. (Supra).

                          16. Keeping these facts into mind, the orders

         impugned cannot be sustained.

                          17. Accordingly, the judgment dated 12.06.2025

         passed in Criminal Appeal No. 13 of 2025 by the learned

         Additional Sessions Judge-I -cum- Children Court, Sitamarhi is

         set aside. Consequently, the order dated 30.04.2025 passed by

         the learned Juvenile Justice Board, Sitamarhi in J.J.B. Case No.

         1989 of 2025 arsing out of Sonbarsa P.S. Case No. 23 of 2025

         rejecting the prayer for bail of the petitioner is also set aside.

                          18. The petitioner, a CICL, is directed to be

         released on bail on furnishing bail bond of Rs.10,000/- (Rupees

         Ten Thousand Only) with two sureties of the like amount each

         to the satisfaction of learned Juvenile Justice Board,

         Sitamarhi/concerned court in connection with J.J.B. Case No.

         1989 of 2025 arising out of Sonbarsa P.S. Case No. 23 of 2025,

         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
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                                                       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.

                                       19. The revision petition stands allowed.




                                                 (Arun Kumar Jha, J)

  DKS/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.07.2026
Transmission Date       08.07.2026


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