X (Minor) vs The State Of Bihar
2023 Latest Caselaw 4842 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.2320 of 2023
    Arising Out of PS. Case No.-140 Year-2022 Thana- ROSHANGANJ District- Gaya
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X (MINOR) S/O KISHORI CHAUDHARY R/O Rakshi, P.S- Banke Bazar, Distt.- Gaya, Through Guardian cum Mother of X (Minor) namely Mina Devi, W/O- Kishori Chaudhary, R/O- Rakshi, P.S- Banke Bazar, Distt.- Gaya.

... ... Appellant/s Versus THE STATE OF BIHAR

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ghanshyam Tiwary For the Respondent/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-09-2023

1. Heard learned counsel for the appellant and

learned counsel appearing on behalf of the State.

2. This is an appeal under Section 101(5) of the

Juvenile Justice (Care and Protection of Children) Act, 2015

against refusal of the prayer for bail to the appellant by order

dated 12.01.2023 passed by the Special Judge (Children Court)

Gaya in connection with Juvenile Trial No. 17 of 2022 arising

out of Roushanganj (Banke Bazar) P.S. Case No. 140 of 2022.

3. On bare perusal of provision of Section 12 of

the Juvenile Justice (Care and Protection of Children) Act, 2015,

it appears that Juvenile in conflict with law shall be released on

bail unless there appears reasonable grounds for believing that

the release is likely to bring him into association with any Patna High Court CR. APP (SJ) No.2320 of 2023 dt.22-09-2023

known criminal or expose him to moral, physical or

psychological danger or that his release would defeat the ends of

justice.

4. The impugned order mentions that the release

of the appellant would defeat the ends of justice.

5. The existence of the aforesaid grounds should

not mean guesswork but it should be supported by some

evidence on record such as report of the probation officer etc.

The report of the probation officer does not mention anything as

has been recorded by the Children Court. Further the report of

the probation officer suggests that the appellant needs proper

guidance and vocational training to be a good citizen and it

seems appropriate to give him the benefit of Juvenile Justice

(Care and Protection of Children) Act.

6. As such, the rejection of the prayer for bail of

the appellant is unjustified and against the intention of the

provision of Section 12 of the Juvenile Justice (Care and

Protection of Children) Act, 2015. The impugned order dated

12.01.2023 passed by the learned Special Judge, (Children

Court), Gaya in Juvenile Trial No. 17 of 2022 arising out of

Roushanganj (Banke Bazar) P.S. Case No. 140 of 2022 is,

accordingly, set aside. Let the appellant, above named, be Patna High Court CR. APP (SJ) No.2320 of 2023 dt.22-09-2023

enlarged on bail on execution of surety bond by the mother of

the appellant giving undertaking that she will keep proper care

and upkeep of the appellant and will fully co-operate in the

pending enquiry/trial.

7. The appeal stands disposed of.

(Arvind Srivastava, J) shailendra/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.09.2023
Transmission Date       26.09.2023