[Cites 3, Cited by 0]
Jharkhand High Court
Juvenile 'X' Through His Father vs The State Of Jharkhand ..... ... ... on 9 December, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:36880 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1088 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
For the Petitioner :Mr. Manoj Kr. Sah, Advocate
For the State : Mr. Priya Shrestha, Spl. P.P. (through V.C.)
For the Informant : Mr. Indu Shekhar Gupta, Advocate
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04/ 09.12.2025: Heard learned counsel for the petitioner and learned counsel
for the State through V.C..
2. This criminal revision has been preferred against the judgment dated
28.07.2025 passed by the learned Additional Sessions Judge-I, Godda in Criminal
Appeal No. 18/2025 whereby the learned court has been pleased to dismiss the appeal
affirming order dated 08.07.2025 passed by the learned Principal Magistrate, Juvenile
Justice Board, Godda in connection with Thakurganti P.S. Case No. 18/2025, Enquiry
No. 159/2025 registered under section 87 and 3/5 of BNS, pending in the Court of
learned Principal Magistrate, Juvenile Justice Board, Godda.
3. Learned counsel for the petitioner submits that the petitioner was
juvenile at the time of alleged crime and filed the present revision application through
his father. He submits that the father is ready to give undertaking that he will keep the
petitioner in good behaviour and character in future and prevent him from associating
with any known criminals and he will not allow the child to expose to any moral,
physical, or psychological danger and in this regard he is ready to swear affidavit. He
submits that there was friendship between the petitioner and victim and with her own
will she went along with the petitioner. He further submits that the victim has refused
to go for her medical examination and petitioner is in Remand Home since 09.06.2025.
He submits that the petitioner may kindly be released on bail.
4. Learned counsel for the State through Video Conferencing and counsel
for the informant oppose the prayer and submit that petitioner took away the victim
and in view of that the petitioner may not be released on bail.
5. In view of above facts, it is an admitted position that the petitioner is
juvenile and he is in Remand Home since 09.06.2025. The petitioner is being
represented by his father and he is giving undertaking that he will take care of the
child.
6. It appears that both the courts have been pleased to reject the bail
application of the petitioner on the ground of gravity of offence.
7. In view of above discussions, the Court finds that the reasoning and
conclusion of the learned appellate court as well as Juvenile Justice Board is not
founded on reasonable grounds in the light of Section 12 of the Juvenile Justice (Care
( 2025:JHHC:36880 )
and Protect of Children) Act, 2015.
8. Section 12 of the Juvenile Justice (Care and Protection of Children) Act,
2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is
crystal clear that that Section 12 of the Act overrides the bail provisions as contained
in the Criminal Procedure, 1973 or any other law for time being in force. It is further
crystal clear that 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, or (ii) expose the said person to moral, physical or
psychological danger, or, (iii) the person's release would defeat the ends of justice.
9. The Juvenile Justice Act is based on belief that children are the future of
the society and in case they go into conflict with law under some circumstances, they
should be reformed and rehabilitated and not punished. No society can afford to punish
its children. Punitive approach towards children in conflict with law would be self-
destructive for the society. At the same time if the peeking of the child in custody is
helpful in his development and rehabilitation or protection, only then it could be said
that release of the child would defeat the ends of justice.
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 of gravity of
offence. Thus, the judgment dated 28.07.2025 passed by the learned Additional
Sessions Judge-I, Godda in Criminal Appeal No. 18/2025 and order dated 08.07.2025
passed by the learned Principal Magistrate, Juvenile Justice Board, Godda in
connection with Thakurganti P.S. Case No. 18/2025, Enquiry No. 159/2025, 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 Remand Home, Godda since 09.06.2025 be
released on bail via assurance and surety given by his natural guardian/father, in
connection with Thakurganti P.S. Case No. 18/2025, Enquiry No. 159/2025, after
furnishing a personal bond on his father (Saougar Mansoor @ Md. Sogar Mansuri @
Sogar Mansuri) with two sureties of his relatives each in the like amount to the
satisfaction of Juvenile Justice Board, Godda, 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
( 2025:JHHC:36880 )
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 with the first Monday of January,
2026, 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, Godda, 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.)
Dt. 09/12/2025
Satyarthi/-
