Jharkhand High Court
Juvenile 'X' Through His Mother vs The State Of Jharkhand ..... ... ... on 9 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:31181 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 738 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. A.K. Chaturvedy, Advocate
For the State : Mr. V.S. Sahay, A.P.P
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06/ 09.10.2025: Heard learned counsel for the petitioner and learned counsel
for the State.
2. This criminal revision has been preferred against the judgment dated
09.04.2025 passed by the learned Additional District and Additional Sessions Judge-I,
Khunti in Criminal Appeal No. 04/2025 whereby the learned court has been pleased to
dismiss the appeal affirming order dated 28.02.2025 passed by the learned Principal
Magistrate, Juvenile Justice Board, Khunti in connection with Khunti P.S. Case No.
126/2024, registered under sections 103(1) and 238 of the BNS,2023, whereby the bail
of the petitioner has been rejected, pending in the Court of learned Juvenile Justice
Board, Khunti.
3. Learned counsel for the petitioner submits that the petitioner was aged
about 14 years at the time of alleged crime and filed the present revision application
through his mother. He further submits that the mother is ready to give undertaking
that she will take care of the child and she will not allow the child to expose to any
moral, physical, or psychological danger. He also submits that F.I.R has been registered
against unknown persons and later on the confessional statement of the co-accused
the name of the petitioner has come. He then submits that petitioner is in Remand
Home since February, 2025. He further submits that co-accused persons who are
adult, they have been granted regular bail by the Co-ordinate Bench in B.A. No. 746 of
2025, B.A. No. 2167/2025 and B.A. No. 2511 of 2025. He submits that the petitioner
may kindly be released on bail.
4. Learned counsel for the State opposes the prayer and submits that both
the courts have rightly held that there is chance that the petitioner will expose to
moral, physical or psychological danger 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 February, 2025. The name of the petitioner
has come in the confessional statement of the co-accused. The petitioner is being
represented by his mother and she is giving undertaking that she will take care of the
child and she will not allow the child to expose to any moral, physical, or psychological
danger. The co-accused persons who are adult, they have been granted regular bail by
( 2025:JHHC:31181 )
the Co-ordinate Bench in B.A. No. 746 of 2025, B.A. No. 2167/2025 and B.A. No. 2511
of 2025.
6. It appears that both the courts have been pleased to reject the bail
application of the petitioner on the ground that there is chance that the petitioner will
expose to moral, physical or psychological danger.
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 good
one in the light of Section 12 of the Juvenile Justice (Care 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 keeking 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 that the
petitioner will expose to any moral, physical, or psychological danger. Thus, the
judgment dated 09.04.2025 passed by the learned District & Additional Sessions
Judge-I, Khunti in Criminal Appeal No. 04/2025 and order dated 28.02.2025 passed by
the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with
Khunti P.S. Case No. 126/2024 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, Khunti since February, 2025
be released on bail via assurance and surety given by his natural guardian/mother, in
connection with Khunti P.S. Case No. 126/2024, after furnishing a personal bond on his
mother (Kandi Devi)) with two sureties of his relatives each in the like amount to the
satisfaction of Juvenile Justice Board, Khunti, subject to the following conditions:
( 2025:JHHC:31181 )
(i) Natural guardian/mother 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 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
October, 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, Khunti, 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.
Dt. 09/10.2025 ( Sanjay Kumar Dwivedi, J.)
Satyarthi/-
