[Cites 5, Cited by 0]
Patna High Court
Md. Rahul @ Rahil vs The State Of Bihar on 2 December, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.237 of 2025
Arising Out of PS. Case No.-121 Year-2024 Thana- R S P.S. District- Araria
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Md. Rahul @ Rahil S/O Md. Sanjur R/O Village- Dhama Raghunathpur,
Ward No. 13, P.S- Araria R.S., Dist.- Araria. Living under guardianship of his
mother namely Begam aged about 35 years, R/O Village- Dhama
Raghunathpur, Ward No. 13, P.S- Araria R.S., Dist.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Asida Khatoon W/O Md. Samad R/O Village- Raghunathpur, Ward No. 13,
P.S- R.S. (Araria), Dist.- Araria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Madhav Jha, Adv.
For the Respondent/s : Mr.Aditya Narayan Singh.1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 02-12-2025
Heard learned counsel for the petitioner/child in
conflict with law and learned counsel for the State.
02. The petitioner is a juvenile in conflict with law
and the instant revision petition is preferred on behalf of the
petitioner for setting aside the impugned Judgment/Order dated
15.01.2025
passed by learned District and Additional Sessions
Judge-1st-cum-Special Judge (Juvenile Court) Araria, in
Criminal Appeal No. 33 of 2024 arising out J.J.B. No. 102 of
2024 in connection with Araria R.S. P.S. Case No. 121 of 2024
for the offences under Section 126(2), 115(2), 65(1), 351 (2) &
(3), 352, 3/5 of the B.N.S. and Section 06 of the POCSO Act
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
whereby and whereunder the learned District and Additional
Sessions Judge-1st-cum-Special Judge (Juvenile Court) Araria
rejected the appeal of the petitioner for grant of bail and the
order dated 29.10.2024 passed by learned Principal Magistrate,
Juvenile Justice Board, Araria was upheld.
The present revision is also preferred against order
dated 29.10.2024 passed by the learned Principal Magistrate,
Juvenile Justice Board, Araria in Araria R.S. P.S. Case No. 121
of 2024 wherein the prayer for regular bail of the petitioner was
rejected.
03. Brief facts of the case are that the informant gave
a written report stating that the petitioner who is a child in
conflict with law (In short 'CICL') committed sexual assault
upon her minor daughter and raped her. When the informant
reached the spot, the petitioner fled away.
04. Learned counsel for the petitioner/CICL submits
that the orders of the learned courts below are against the law as
well as the facts existing on record. The age of the petitioner
was assessed to be 14 years, 6 month and 13 days vide order
dated 12.09.2024 whereas the daughter of the informant was
aged 15 years as per the version of the informant. No material
was found to show that CICL committed sexual assault over the
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
daughter of the informant. The FIR has been lodged after much
delay as occurrence is stated to have taken place on 08.08.2024
whereas the FIR was lodged on 24.08.2024 without any
explanation. This shows the falsity of allegation. On medical
examination of the victim, her age was assessed to be 14-16
years and no sign of recent sexual assault was found and hymen
was found intact. While rejecting the prayer for bail of the CICL
the learned appellate court as well as the learned Juvenile
Justice Board did not consider the best interest of the child.
There is no material on record to show that granting bail to the
CICL would bring him into association with the criminals and
expose him to moral, physical or psychological danger and his
release would defeat the ends of justice. The CICL is having no
criminal antecedent and he is in custody since 29.08.2024.
Learned counsel for the CICL also submits that the mother of
the CICL has given an undertaking that she will take care of her
son and will protect her son from anti-social elements and anti-
social activities. Thus, the learned counsel submits that the
impugned orders are bad and the same needs to be set aside and
the CICL may be enlarged on bail.
05. Despite valid service of notice, no one appears on
behalf of the opposite party no. 2/the informant.
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
06. I have given my thoughtful consideration to the
submission made on behalf of the parties and the matter at hand.
07. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 reads as under:-
"Section 12 Bail to a person who is
apparently a child alleged to be in conflict
with law.
1) When any person, who is apparently a
child and is alleged to have committed a
abailable or non-bailable offence, is
apprehended or detained by the police or
appears or brought before a Board, such
person shall, notwithstanding anything
contained in the Code of Criminal Procedure,
1973 (2 of 1974) or in any other law for the
time being in force, be released on bail with
or without surety or placed under the
supervision of a probation officer or under the
care of any fit person:
Provided that such person shall not be so
released if there appears reasonable grounds
for believing that the release is likely to bring
that person into association with any known
criminal or expose the said person to moral,
physical or psychological danger or the
persons release would defeat the ends of
justice, and the Board shall record the reasons
for denying the bail and circumstances that
led to such a decision.
(2) When such person having been
apprehended is not released on bail under
sub-section (1) by the officer-in-charge of the
police station, such officer shall cause the
person to be kept only in an observation
home 1[or a place of safety, as the case may
be] in such manner as may be prescribed until
the person can be brought before a Board.
(3) When such person is not released on bail
under sub-section (1) by the Board, it shall
make an order sending him to an observation
home or a place of safety, as the case may be,
for such period during the pendency of the
inquiry regarding the person, as may be
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
specified in the order.
(4) When a child in conflict with law is unable
to fulfil the conditions of bail order within
seven days of the bail order, such child shall
be produced before the Board for modification
of the conditions of bail."
Therefore, there exists a non-obstante clause that child
in conflict with law shall be released on bail notwithstanding
anything contained in the Code of Criminal Procedure, 1973.
Therefore, it is apparent that the bail could be denied to the
child in conflict with law only on the reasonable grounds for
believing that that enlarging him on bail would bring him into
association with any known criminal or expose him to moral,
physical or psychological danger or his release would defeat the
ends of justice.
08. Now, at the same time, relevant portion of Section
3 of the Juvenile Justice (Care and Protection of Children) Act,
2015, inter alia, provides for the general principles of care and
protection of children and are extracted herein below:-
"The Central Government, the State
Governments,1[the Board, the Committee, or]
other agencies, as the case may be, while
implementing the provisions of this Act shall be
guided by the following fundamental principles,
namely:---
(i)Principle of presumption of innocence: Any
child shall be presumed to be an innocent of
any mala fide or criminal intent up to the age of
eighteen years.
(ii)Principle of dignity and worth: All human
beings shall be treated with equal dignity and
rights.
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
(iii)Principle of participation: Every child shall
have a right to be heard and to participate in
all processes and decisions affecting his interest
and the childs views shall be taken into
consideration with due regard to the age and
maturity of the child.
(iv)Principle of best interest: All decisions
regarding the child shall be based on the
primary consideration that they are in the best
interest of the child and to help the child to
develop full potential.
(v)Principle of family responsibility: The
primary responsibility of care, nurture and
protection of the child shall be that of the
biological family or adoptive or foster parents,
as the case may be.
(vi)Principle of safety: All measures shall be
taken to ensure that the child is safe and is not
subjected to any harm, abuse or maltreatment
while in contact with the care and protection
system, and thereafter
.....(viii)Principle of non-stigmatising
semantics: Adversarial or accusatory words are
not to be used in the processes pertaining to a
child.
.....(xii)Principle of institutionalisation as a
measure of last resort: A child shall be placed
in institutional care as a step of last resort after
making a reasonable inquiry.
(xiii)Principle of repatriation and restoration:
Every child in the juvenile justice system shall
have the right to be re-united with his family at
the earliest and to be restored to the same
socio-economic and cultural status that he was
in, before coming under the purview of this Act,
unless such restoration and repatriation is not
in his best interest....."
09. Cumulative reading of these two provisions makes
it clear that the underlying principle when the case of any child
in conflict with law is to be considered for grant of bail, the best
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
interest of the child is the keyword and considering the
reformatory nature of the Act, gravity and nature of offences are
immaterial for consideration of grant of bail to a child/juvenile
in conflict with law. Therefore, I am of the opinion that the
learned courts below rejected the prayer for bail of the CICL on
completely vague grounds and on presumption about lack of
family control over the CICL as there appears no such material
on record.
10. Therefore, considering the interest of the child to
be paramount and further considering the scope for his
rehabilitation, this Court thinks it fit and proper that the
petitioner/CICL be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned J.J.Board,
Araria/concerned court, in connection with J.J.B. Case No. 102
of 2024 arising out of Araria (R.S.) P.S. Case No. 121 of 2024,
subject to the following conditions:
(i) One of the bailors will be the parents
of the petitioner and other bailor will also
be relative of the petitioner having no
criminal antecedent and shall give
undertaking that he/she shall keep proper
Patna High Court CR. REV. No.237 of 2025 dt.02-12-2025
care and upkeep of the petitioner.
(ii) The petitioner shall remain present
before the Board on each and every date
of trial of the case fixed by the Board.
11. Accordingly, the Judgment dated 15.01.2025
passed by learned District and Additional Sessions Judge-1st-
cum-Special Judge (Juvenile Court) Araria and Order dated
29.10.2024 passed by the learned Principal Magistrate, Juvenile
Justice Board, Araria are set aside and hence, the present
revision petition stands allowed.
12. Office is directed to return the Lower Court
Record forthwith.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 03.12.2025
Transmission Date 03.12.2025
