Jharkhand High Court
Juvenile 'X' Through His Mother vs The State Of Jharkhand ..... ... Opp. ... on 15 September, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:28098
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.752 of 2025
Juvenile 'X' through his mother .... ... Petitioner
Versus
The State of Jharkhand ..... ... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Shashank Shekhar No.3, Advocate.
For the Opp. Parties : Mr. Rakesh Kumar Sinha, APP
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3/15.09.2025 Heard learned counsel appearing for the petitioner and learned
counsel appearing for the State.
2. This Criminal Revision has been preferred against the Judgment
dated 09.06.2025 passed in Criminal Appeal No. 14/2025 by learned
Addl. Sessions Judge-1-cum-Children Court, Deoghar and order
dated 26.04.2025 in E.N. 187 of 2025 passed by learned Principal
Judge, Juvenile Justice Board, Deoghar arising out of Jasidih P.S.
Case No. 245/2024, registered for under Section 70(1)/64(2)(m)/89
of BNS & 6 of POCSO Act, pending before the Ld. Juvenile Justice
Board, Deoghar.
3. Learned counsel appearing for the petitioner submits that the
petitioner was aged about 17 years 06 months at the time of alleged
crime. He further submits that the petitioner is in remand home since
18.09.2024. He then submits that the physical relationship has been
established by one Karan Rawani in December 2023, wherein the
FIR has been registered on August 2024. He further submits that the
father of the victim has been examined before the learned Court and
he has stated that if Karan Rawani will solemnize the marriage with
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his daughter, he will withdraw the case. He further submits both the
learned Courts have rejected the bail applications of the petitioner on
the severity of the allegation and that he will try to contact the
victim.
4. He further submits that the petitioner is being represented by
his mother and mother is ready to give any undertaking that she will
take care of the child and she will not allow him to expose to any
moral, physical and physiological danger. He submits that the
petitioner is in remand home since 18.09.2024 and he may kindly be
granted bail.
5. Learned counsel appearing for the State opposed the prayer and
submits that the allegations are there against the petitioner and in
view of that the learned Courts considering the severity of the matter
have rejected the bail application and in view of that this application
may kindly be not allowed.
6. In view of the submissions of the learned counsel for the
parties, it transpires that the at the time of occurrence, the petitioner
was aged about 17 years 06 months and he is in remand of home
since 18.09.2024. He is represented by his mother and the mother is
ready to give any undertaking that the petitioner will not be exposed
to the moral, physical and phycological danger. Even the father of
the victim has stated before the learned Court that if Karan Rawani
will solemnize marriage with his daughter, he will withdraw the case.
7. The bail of the juvenile can be rejected only on three grounds
ground in light of Section 12 of the Juvenile Justice (Care and
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Protection of Children) Act, 2015, (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.
8. From Section 12 of the said Act, it also transpires that
seriousness of the alleged offence or the age of the juvenile is also no
relevant consideration for denial of bail above 16 years of age and is
alleged to have committed a heinous offence is also entitled to get
bail under section 12 of the Act, 2015. There is no classification,
whatsoever, provided in Section 12 of the Act, 2015 with regard to
grant of bail. Section 12 of the Act is applicable to all juveniles in
conflict with law without any discrimination of any nature.
9. In view of the above, it transpires that the gravity of the
allegation is not the ground to reject the bail of a Juvenile in the light
of Section 12 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 and the learned Courts have been pleased to
reject the bail of the petitioner only on the ground of severity of the
allegation.
10. In view of the readiness of the mother of giving undertaking and
further considering that the bail can be rejected only on three
grounds, the reasons assigned by the learned Courts are not good in
view of the above discussions. Further considering that the severity
of the allegation is not only the criteria to surpass the Section 12 of
the Juvenile Justice (Care and Protection of Children) Act, 2015 as
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well as other provisions relating to the juvenile. 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.
11. It appears that the ground of rejection is not considered as per
Section 12 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 in right perspective and in view of that the Judgment dated
09.06.2025 passed in Criminal Appeal No. 14/2025 by learned Addl.
Sessions Judge-1-cum-Children Court, Deoghar and order dated
26.04.2025 in E.N. 187 of 2025 passed by learned Principal Judge,
Juvenile Justice Board, Deoghar arising out of Jasidih P.S. Case No.
245/2024 are hereby set-aside.
12. In view of that, this Criminal Revision Petition is allowed.
13. Since the revisionist is in observation home since 18.09.2024,
he is directed to be released on bail via assurance and surety given by
his natural guardian/mother in connection with Jasidih P.S. Case No.
245/2024, after furnishing a personal bond of his mother with two
sureties of his relative each in the like amount to the satisfaction of
Juvenile Justice Board, Deoghar, subject to the following
conditions: -
(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
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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, Deoghar, on such a periodical
basis as the Juvenile Justice Board may determine.
14. As such, this Criminal Revision is disposed of. Pending I.A. if
any stands disposed of.
15.09.2025 (Sanjay Kumar Dwivedi, J.)
R.Kumar
