Patna High Court
Md. Shafique @ Shafique AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The appellate court's order denying bail to the child in conflict with law is set aside, and bail is granted in accordance with Section 12 of the Juvenile Justice Act.
Summary
The petitioner, a child in conflict with law (CICL) aged twelve years and four months, was accused of inducing marriage and impregnating a minor informant, offences punishable under the B.N.S. Act, 2023 and the POCSO Act. The Juvenile Justice Board (JJB) declared him a juvenile and denied bail; the appellate court affirmed that denial. In the revision petition, the petitioner argued that the FIR was delayed, the case was maliciously motivated, and the appellate court ignored the social investigation report and the mandatory bail provision under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The High Court examined Section 12, noting that bail is mandatory for a CICL unless there are reasonable grounds such as danger to the child or defeat of justice, which were not substantiated. Finding no material to justify the denial, the Court set aside both the appellate and JJB orders and granted bail on a bond with conditions. The revision petition was allowed.
Issues considered
- Whether bail must be granted to a child in conflict with law under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 despite the nature of the alleged offences.
- Whether the appellate court erred in refusing bail without considering the social investigation report and the statutory safeguards for a CICL.
- Whether the delay in filing the FIR and alleged malicious motives affect the applicability of bail provisions.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act, 2023 — s. 3(5), 352, 65(1), 69
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 74
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 6
Subjects
- juvenile justice
- bail
- child in conflict with law
- POCSO
- Section 12 JJ Act
- revision petition
- identity protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.968 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Araria
======================================================
X1
... ... Petitioner
Versus
1. The State of Bihar.
2. Elina Khatoon D/o Md. Lukman, R/o Village- B.M. Tola Bhalua, P.S-
Simraha, Distt.- Araria.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kishore Bharti, Advocate
For the State : Mr. Umanath Mishra, APP
For the OP No. 2 : Ms. Seema Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 22-06-2026
Present learned counsel for the petitioner, learned
counsel for the informant / opposite party no. 2 as well as learned
APP for the State.
2. 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,
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.
3. Registry while uploading the order on the website
shall also ensure that the cause title is reflected in similar manner.
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
2/7
4. The instant criminal revision petition is directed
against the order dated 14.07.2025 passed by the learned District
and Additional Sessions Judge-I-cum- Special Judge (Children’s
Court), Araria in Criminal Appeal No. 18 of 2025, whereby and
whereunder the appeal was dismissed and the order of learned
Juvenile Justice Board, Araria dated 04.06.2025 passed in JJB
Case No. 47 of 2025, arising out of Mahila P.S. Case No. 19 of
2025 for offences punishable under Sections 65(1), 69, 352 and
3(5) of the B.N.S., 2023 read with Section 6 of POCSO Act has
been affirmed.
5. As per prosecution case, giving inducement of
marriage, the CICL established physical relationship with the
minor informant and made her pregnant. However, subsequently
he refused to marry the informant. The petitioner was apprehended
on 23.05.2025 and the learned J.J. Board declared him juvenile
after assessing his age to be twelve years and four months vide
order dated 24.05.2025. Seeking bail, the CICL approached the
learned J.J. Board which rejected the prayer for bail vide order
dated 04.06.2025. Aggrieved by the order of the learned J.J.
Board, the petitioner then preferred Criminal Appeal No. 18 of
2025 before the learned District and Additional Sessions Judge-I-
cum- Special Judge (Children’s Court), Araria and this appeal was
dismissed vide order dated 14.07.2025.
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
3/7
6. Against dismissal of his appeal, the petitioner has
approached this Court in the instant revision petition.
7. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case. The FIR has
been lodged after a delay of twenty-eight days and there is no
satisfactory explanation for the same. Though it has nowhere been
mentioned that the victim is minor, still the FIR has been lodged
under Section 6 of the POCSO Act. The petitioner is handicapped
in one of his legs. The learned Appellate Court did not consider the
the social investigation report in its true perspective and without
any substantive material came to a wrong finding that there was
complete failure of guardianship in this case. There is land dispute
between the parties and in order to grab the land of the CICL, this
false case has been brought by the family of informant with
malicious intent. The father of the CICL appeared before the
learned J.J. Board and undertook the responsibility that the CICL
would not come into association with any criminal or he would not
be exposed to any moral, physical or psychological danger. But,
neither the learned J.J. Board nor the Appellate Court passed a
speaking order and denied the bail to the petitioner. Petitioner is in
custody since 23.05.2025. Even otherwise nothing serious came up
in the social investigation report and considering the mandate of
law under Section 12 of the J.J. Act, the petitioner deserves to be
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
4/7
enlarged on bail. The petitioner / CICL bears clean antecedent.
8. Learned APP as well as learned counsel for the
informant vehemently oppose the submissions made on behalf of
the petitioner / CICL. Learned counsel for the informant submits
that the petitioner / CICL repeatedly established physical
relationship with the informant making her pregnant and this
relationship was under the inducement of marriage, but
subsequently the petitioner / CICL refused to marry the informant
and refused to abide by the Panchayati which has been held.
Learned counsel further submits that due to ongoing Panchayati
proceedings, FIR had been registered after delay. Learned counsel
further submits that the petitioner / CICL and the informant are
next door neighbours and if the petitioner / CICL is released on
bail, the informant would be put to danger.
9. Heard the rival submission advanced by the parties
and perused the materials available on record.
10. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 provides 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 bailable 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
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
5/7
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 wold defeat the ends of justice,
and the Board shall record the reason 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
home [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 inquiry regarding the person, as
may be specified in the order.
4) When a child in conflict with law is unable to
fulfill the conditions of bail order within seven days of
the order, such child shall be produced before the
Board for modification of the conditions of bail.”
11. The aforesaid provision mandates grant of bail to
a CICL. The language of Section 12 is couched in positive terms
and grant of bail has been made mandatory. However, the proviso
attached to the same Section provides that bail could be refused in
certain conditions. If the CICL is released on bail and there were
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
6/7
chances of his coming into contact with known criminal or there
might be moral, physical or psychological danger to the CICL or if
grant of bail would defeat the ends of justice, under all these
circumstances bail could be denied.
12. However, at the same time, Section 3(iv)
provides that the welfare of the child is of paramount importance
and the endeavour of the Court should be reformation of child. In
the present case, it appears the learned Appellate Court as well as
learned J.J. Board has not appreciated the SIR in its true
perspective. There is no material to show that there was complete
failure of guardianship and the CICL could not be released under
the supervision of such guardian as it would defeat the ends of
justice. If there is no material to substantiate this presumption, the
order dismissing the appeal and thus, refusing to grant bail to the
CICL could not be sustained.
13. Accordingly, the order of the Appellate Court
dated 14.07.2025 passed by the learned District and Additional
Sessions Judge-I-cum- Special Judge (Children’s Court), Araria in
Criminal Appeal No. 18 of 2025 is set aside. Subsequently, the
order of the learned J.J. Board in JJB Case No. 47 of 2025, arising
out of Mahila P.S. Case No. 19 of 2025 is also set aside.
14. Let the petitioner, a child in conflict with law, be
released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. REV. No.968 of 2025 dt.22-06-2026
7/7
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of learned Juvenile Justice Board, Araria /
concerned Court in connection with JJB Case No. 47 of 2025,
arising out of Mahila P.S. Case No. 19 of 2025, subject to the
following conditions:
(i) One of the bailors will be the parents of the
petitioner and the 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.
15. Accordingly, the present revision petition is
allowed.
(Arun Kumar Jha, J)
Shahnawaz/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 23.06.2026
Transmission Date 23.06.2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.