Jharkhand High Court
Juvenile 'X' Through His Mother vs The State Of Jharkhand ..... ... ... on 26 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:24855 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 804 of 2025
Juvenile 'X' through his mother ...... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :Mr. Jitendra S. Singh, Advocate
For the State : Mrs. Bandana Sinha, A.P.P.
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03/ 26.08.2025: Heard learned counsel for the petitioner and, learned
counsel for the State.
2. This criminal revision has been preferred against the judgment
dated 07.07.2025 passed by the learned Additional Sessions Judge-I-cum-
Children Court, Latehar, in Criminal Appeal 44 of 2025 whereby the appeal
preferred by the petitioner has been dismissed and order dated 09.06.2025
passed by the learned Juvenile Justice Board, Latehar in Misc. Criminal
Application No. 911 of 2025 arising out of Juvenile Case No. 11 of 2025,
corresponding to Balumath P.S. Case No. 15 of 2025, G.R. Case No. 438 of
2025, registered under sections 308(3), 308(4) of the BNS, 2023, has been
affirmed, pending in the Court of learned Juvenile Justice Board, Latehar.
3. Learned counsel for the petitioner submits that at the time of
occurrence the petitioner was aged about 15 years, 9 months and 4 days and
he is being represented through his mother. He submits that the petitioner is
in Remand Home since 25.03.2025. He submits that the name of the
petitioner has come in the confessional statement of the apprehended co-
accused Kuldeep Ganjhu and the petitioner has also confessed before the
police. He submits that the mobile by which extortion has been demanded,
has been recovered from the apprehended co-accused Kuldeep Ganjhu. He
submits that mother of the petitioner undertakes that she will take care of
the petitioner and she will not allow to expose him to moral, physical or
psychological danger.
4. Learned counsel for the State opposes the prayer and
submits that allegations are there against the petitioner and even the
petitioner has criminal antecedent.
5. The petitioner happens to be a juvenile and the mother is ready
to give undertaking that she will take care of the petitioner. The mobile in
question has been recovered from the co-accused and the name of the
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petitioner has come in the confessional statement of the co-accused and he
has also confessed before the police.
6. In the light of Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015, 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, or (ii) expose the said person to moral, physical or psychological
danger, or, (iii) the person's release would defeat the ends of justice.
7. The Court finds that both the Courts have rejected the bail on
the ground of exposing the person to moral, physical or psychological danger
or would defeat the ends of justice.
9. In view of above discussions, the Court finds that the
reasoning and conclusion of the learned appellate court as well as Juvenile
Justice Board are not good one.
10. In the absence of any material or evidence of reasonable
grounds, it cannot be said that his release would defeat the ends of justice
and have failed to give reasons on three contingencies for declining the bail
to the revisionist. The findings recorded by the Juvenile Justice Board as well
as appellate court are based on exposing the person to moral, physical or
psychological danger or would defeat the ends of justice. Thus, the judgment
dated 07.07.2025 passed in Criminal Appeal 44 of 2025 and order dated
09.06.2025 passed in Misc. Criminal Application No. 911 of 2025 arising out
of Juvenile Case No. 11 of 2025, corresponding to Balumath P.S. Case No.
15 of 2025, G.R. Case No. 438 of 2025, registered under sections 308(3),
308(4) of the BNS, 2023, are not sustainable in the eye of law and hence
both the orders are set aside and the present criminal revision is allowed.
11. Let the revisionist who is in observation home since 25.03.2025
be released on bail via assurance and surety given by his natural
guardian/mother, in Juvenile Case No. 11 of 2025, corresponding to
Balumath P.S. Case No. 15 of 2025, G.R. Case No. 438 of 2025 after
furnishing a personal bond on his mother (Rajkumariya Ganjhu) with two
sureties of his relatives each in the like amount to the satisfaction of Juvenile
Justice Board, Latehar, subject to the following conditions:
(i) Natural guardian/mother will furnish an undertaking that upon
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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 mother will ensure that
the juvenile will not repeat the offence.
(ii) Natural guardian/mother 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/mother will report to the Probation
Officer on the first Monday of every calendar month commencing 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, Latehar on such a periodical basis as
the Juvenile Justice Board may determine.
12. This criminal revision petition is allowed and disposed of.
Pending I.A, if any, stands disposed of.
.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/-
