Jharkhand High Court
Juvenile "X" Through His Father vs The State Of Jharkhand ... Opposite ... on 2 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
( 2025:JHHC:26559 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 806 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 : Mr. S.P. Roy, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A.P.P.
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03/02.09.2025 Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. Sanjay
Kumar Srivastava, learned counsel for the State.
2. This criminal revision petition has been preferred for setting-aside the
order dated 03.05.2025 passed by the learned Principal Magistrate, Juvenile
Justice Board, Dumka in connection with Juvenile Case No.31/2024 arising
out of Ramgarh P.S. Case No.97 of 2024, E. No.92/2025, for the allegedly
committing offence under Section 65(1)/351(1) of the Bharatiya Nyaya
Sanhita, 2023 and under Section 4 of the POCSO Act, whereby, the prayer for
bail of the petitioner has been rejected. The further prayer is made for setting-
aside the judgment dated 12.06.2025 passed by the learned Additional
Sessions Judge-I-cum-Children Court, Dumka in Criminal Miscellaneous
Appeal (Juvenile) No.04/2025, whereby, the appeal preferred by the
petitioner has been dismissed and the order passed by the Juvenile Justice
Board, Dumka has been affirmed.
3. Mr. S.P. Roy, learned counsel for the petitioner submits that the
petitioner is a juvenile and he was aged about 15 years and 8 months at the
time of alleged crime. He submits that there is relationship between the
petitioner and the victim girl and friendship have been developed between
them. He submits that the alleged occurrence is said to be on 26.09.2024,
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whereas, the FIR has been registered on 06.10.2024. He also submits that
even the medical report is not supporting the case of rape. He further submits
that the petitioner is in remand home since 22.10.2024. He submits that now
the petitioner has passed Class-X examination. He submits that the petitioner
has appeared in the said examination after permission granted by the Court
and he has secured 1st class in Class-X examination. He also submits that the
petitioner is being represented by his father and the father is ready to give
any undertaking that he will take care of the child and the child will not be
allowed to be exposed to any moral, physical or psychological danger.
4. Mr. Sanjay Kumar Srivastava, learned counsel for the State submits
that the case is arising out of Section 65(1)/351(1) of the Bharatiya Nyaya
Sanhita, 2023 and in view of that, the prayer for bail of the petitioner may
kindly be rejected.
5. In view of the above, it transpires that the petitioner is in remand home
since 22.10.2024 and even during the period of custody, he has appeared in
Class-X examination and he secured 1st Class in that examination. Further, it
has been pointed out that there is friendship between the petitioner and
victim girl and on pressure of the family members, the victim has lodged the
case. The petitioner is being represented by his father and the father is ready
to give undertaking that he will take care of the child.
6. 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
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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.
7. 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.
8. 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
does not sound good. In that view of the matter, the order dated 03.05.2025
passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka
in connection with Juvenile Case No.31/2024 arising out of Ramgarh P.S.
Case No.97 of 2024, E. No.92/2025 and the judgment dated 12.06.2025
passed by the learned Additional Sessions Judge-I-cum-Children Court,
Dumka in Criminal Miscellaneous Appeal (Juvenile) No.04/2025 are, hereby,
set-aside.
9. Let the revisionist who is in remand home since 22.10.2024 be released
on bail via assurance and surety given by his natural guardian/father, in
connection with Juvenile Case No.31/2024, arising out of Ramgarh P.S. Case
No. 97 of 2024, E. No.92/2025, after furnishing a personal bond of his father
with two sureties of his relatives each in the like amount to the satisfaction
of Juvenile Justice Board, Dumka, subject to the following conditions:
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(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 third Monday of every calendar month
commencing with the third Monday of September, 2025, and if
during any calendar month the third 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, Dumka,
on such a periodical basis as the Juvenile Justice Board may
determine.
10. Accordingly, this criminal revision petition is allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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