Jharkhand High Court
Juvenile "X" Through His Father vs The State Of Jharkhand ... Opposite ... on 26 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:25334 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 848 of 2025
Juvenile "X" through his father ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Md. Zaid Ahmed, Advocate
For the State : Mr. Ajay Kumar Pathak, A.P.P.
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03/26.08.2025 Heard Md. Zaid Ahmed, learned counsel appearing for the petitioner
and Mr. Ajay Kumar Pathak, learned counsel appearing for the State.
2. This criminal revision has been preferred against the judgment dated
02.07.2025 passed by the learned Additional Sessions Judge-I-cum-Special
Judge (Children's Court), Simdega in Criminal Appeal No.20 of 2025, whereby,
the appeal filed by the petitioner has been dismissed and the order dated
09.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board,
Simdega in connection with Bolba P.S. Case No.10 of 2024 (Misc. Criminal
Application No.528 of 2025), registered for the offence under Sections 302
and 201 of the Indian Penal Code, has been affirmed.
3. Learned counsel for the petitioner submits that the petitioner is a
juvenile, aged about 16 years. He further submits that the Juvenile Justice
Board and the appellate court have rejected the prayer for bail of the
petitioner only on the ground of gravity of offence. He also submits that the
spirit of Section 12 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 has not been taken care of by both the Courts. He submits that the
petitioner is being represented through his father and the father is ready to
give undertaking that he will take care of the child and he will not allow the
child to indulge with hardened criminals or any criminal. He submits that the
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petitioner is in observation home since 30.12.2024. He further submits that
the allegation of assault is there against the wife of the deceased and by
chance, the petitioner reached on the spot and in view of that, he has been
implicated in the case. He submits that the petitioner has got no criminal
antecedent. On these grounds, he submits that the petitioner may kindly be
granted bail.
4. Learned counsel for the State opposed the prayer and submits that the
case is arising out of Sections 302 and 201 of the Indian Penal Code.
5. In view of Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, the bail to the juvenile is a rule and refusal of the same
is an exception and juvenile can be denied bail only on the following three
grounds:
(i) If there appears reasonable grounds for believing that the
release is likely to bring that person into association with any
known criminal;
(ii) Expose the said person to moral, physical or psychological
danger; or
(iii) The person's release would defeat the ends of justice.
6. From Section 12 of the said Act, it also transpires that seriousness of
the alleged offence or the age of the juvenile are also no relevant
consideration for denial of bail above 16 years of age and even in heinous
offence also, the juvenile is entitled to get bail under section 12 of the Act,
2015.
7. In view of the above, this Court comes to a conclusion that the ground
of rejecting the prayer for bail of the petitioner by both the learned Courts
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does not sound good. In that view of the matter, the judgment dated
02.07.2025 passed by the learned Additional Sessions Judge-I-cum-Special
Judge (Children's Court), Simdega in Criminal Appeal No.20 of 2025 and the
order dated 09.05.2025 passed by the learned Principal Magistrate, Juvenile
Justice Board, Simdega in connection with Bolba P.S. Case No.10 of 2024
(Misc. Criminal Application No.528 of 2025) are, hereby, set-aside.
8. Let the revisionist who is in observation home since 30.12.2024 be
released on bail via assurance and surety given by his natural guardian/father,
in connection with Bolba P.S. Case No. 10 of 2024 (Misc. Criminal Application
No.528 of 2025), after furnishing a personal bond of his father (Jethu Pahan)
with two sureties of his relatives each in the like amount to the satisfaction
of Juvenile Justice Board, Simdega, subject to the following conditions:
(i) Natural guardian/father will furnish an undertaking that upon
release on bail, the revisionist will not be permitted to go into
contact or association with any known criminal or allowed to be
exposed to any moral, physical, or psychological danger and
further that the father will ensure that the juvenile will not repeat
the offence;
(ii) Natural guardian/father will further furnish an undertaking to the
effect that the juvenile will pursue his study at the appropriate
level which he would be encouraged to do besides other
constructive activities and not be allowed to waste his time in
unproductive and excessive recreational pursuits;
(iii) Juvenile and natural guardian/father will report to the Probation
Officer on the first Monday of every calendar month commencing
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with the first Monday of September, 2025, and if during any
calendar month the first Monday falls on a holiday, then on the
following working day;
(iv) The Probation Officer will keep a strict vigil on the activities of
the juvenile and regularly draw up his social investigation report
that would be submitted to the Juvenile Justice Board, Simdega,
on such a periodical basis as the Juvenile Justice Board may
determine.
9. Accordingly, this criminal revision petition is allowed and disposed of in
above terms.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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