[Cites 6, Cited by 0]
Patna High Court
Ankit Kumar @ Ankit Kumar Paswan vs The State Of Bihar on 6 January, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.403 of 2025
Arising Out of PS. Case No.-13 Year-2024 Thana- MAHILA P.S. District- Araria
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Ankit kumar @ Ankit Kumar Paswan S/o Vinod Paswan @ Binod Paswan
Under natural guardianship of his Father Vinod Paswan @ Binod Paswan, S/o
Gulab Chand Paswan, R/o vill - Tarabari, ward no. 16, P.S.- Tarabari, Distt.-
Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Radha Devi W/o Vicky Kumar R/o vill - Tarabari, ward no. 4, P.S.- Tarabari,
Distt.- Araria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Md Ziaul Quamar, Adv.
For the State : Mr.Shantanu Kumar, APP
For the O.P. No. 2 : Mr. Majid Mahboob Khan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 06-01-2026
Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the opposite party no. 2.
02. The instant revision petition has been filed for
setting aside the Judgment/Order dated 04.10.2024 passed in
Criminal Appeal No. 21 of 2024 by the learned Additional
District and Sessions Judge-I-cum-Special Judge (Children
Court) Araria whereby and whereunder the learned Special
Judge (Children Court) Araria dismissed the appeal of the
petitioner and also to set aside the order dated 30.07.2024
passed by the Juvenile Justice Board, Araria rejecting the prayer
of the petitioner for bail in connection with J.J.B. Case No. 55
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of 2024 arising out of Araria Mahila PS Case No. 13 of 2024 for
the offences under Section 376(AB) of the IPC and Section 6 of
the POCSO Act.
03. Briefly stated facts of the case leading to the
institution of the present petition is that the opposite party no. 2
lodged a case vide Araria Mahila P.S. Case No. 13 of 2024
under Section 376(AB) of the IPC and Section 6 of the POCSO
Act with allegation that the petitioner committed rape with her
5½ year old daughter. The petitioner/child in conflict with law
(in short 'CICL') was taken in custody on 08.03.2024. The
CICL moved before the learned Juvenile Justice Board, Araria
for grant of bail but his prayer was rejected and his petition for
bail was dismissed vide order dated 30.07.2024. The CICL
preferred an appeal which also came to be dismissed vide order
dated 04.10.2024 passed by the learned Additional District &
Sessions Judge-I-cum Special Judge (Children's Court) Araria.
The CICL approached this Court impugning the aforesaid two
orders.
04. Learned counsel for the petitioner submits that the
petitioner is falsely implicated in this case due to land dispute
between the father-in-law of the informant and grandfather of
the petitioner who are brothers. The petitioner is a 15 year old
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student and has got no criminal antecedent. Learned counsel
further submits that the orders of the learned Courts below are
bad in the eye of law as well as on facts. The Courts have not
considered about false implication of the CICL who is a student
and has been deprived of care and protection of his family by
placing him in custody. There is no possibility of petitioner
doing any harm to the victim or any of the witnesses. The social
investigation report and social background report do not make
out any case to keep the CICL in custody. It has only been
mentioned that there was lack of discipline in the house and
father of the CICL stays outside for most of the time as he earns
his livelihood in Delhi/Punjab. It has also been mentioned that
the CICL has been staying with his maternal grandparents and
his mother remained busy with the work of her shop. It has also
been mentioned that the CICL has studied up to Class V only.
His friends are also not literate. However the same report also
mentions about the friendly nature of the CICL and also his
clean antecedent and normal mental condition. Further the
parents of the CICL are ready to take care of him and for his
proper physical and mental development, he needs to be
enlarged on bail as his continuous custody would be detrimental
to his mental and physical well being. There is no chance of
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CICL falling in bad company and his family members are also
not having any criminal antecedent. Therefore the petitioner
ought to have been released on bail after setting aside the
impugned orders as both the Courts below passed erroneous
orders.
05. Learned counsel appearing on behalf of the
opposite party no. 2 vehemently contends that the offence of the
CICL is very serious. He committed rape with a 5½ year old
girl. His offences comes under the aggravated sexual assault
under Section 6 of the POCSO Act carrying punishment of 20
years. Learned counsel further submits that in the social
investigation report and social background report, it has also
come that there was general lack of discipline in the house of
the CICL. He was having a peer group of illiterate friends. The
CICL comes from a very poor social and economic background
and there was lack of education and values of a modal society
which might influence the CICL. If the CICL is enlarged on
bail, he might commit same offence and might also influence
the trial.
06. I have given my thoughtful consideration to the
rival submission of the parties.
07. Section 12 of the Juvenile Justice (Care and
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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
home1[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
specified in the order.
(4) When a child in conflict with law is unable
to fulfil the conditions of bail order within
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seven days of the bail order, such child shall
be produced before the Board for modification
of the conditions of bail."
08. The aforesaid provision makes it clear that a CICL
could be denied bail only on the ground that on release, the said
child would come in contact with criminal elements and there
was danger to the moral, physical and psychological well being
of the CICL or would defeat the ends of justice. If these grounds
are not present, the bail could no be denied to a CICL.
09. 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.
(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
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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
(vi)...
(vii)...
(viii)Principle of non-stigmatising
semantics: Adversarial or accusatory words
are not to be used in the processes
pertaining to a child.
(ix)...
(x)...
(xi)...
(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.
(xiv)...
(xv)...
(xvi)..."
10. Cumulative reading of these two provisions show
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the CICL could be released on bail unless the fact comes on
record that there was chance of such child coming in contact
with a known criminal or enlarging such child on bail might
endanger his moral, physical or psychological well being.
Further the courts being parens patriae are supposed to look
into for protection of best interest of the child. All such steps are
to be taken by the Courts for reformation and rehabilitation of a
child in conflict with law.
11. In the facts of the present case, no doubt the
alleged offence is very serious but the bail to a child in conflict
with law could be denied only under specific circumstances as
mentioned hereinbefore. Otherwise the bail is a rule and jail is
an exception in case of CICL as well. The CICL has remained in
custody since 08.03.2024 and now his parents are ready and
willing to take care of him and to protect his best interest so that
he does not fall in bad company or get involved in any other
offence.
12. Perusal of the impugned order show the bail was
denied on the ground that release of the child in conflict with
law would be against the best interest of the child and the
possibility of child suffering mental, physical or psychological
danger could not be ruled out. Further from the record, I do not
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find any material to infer that the child would come in contact
with some known criminal or if released he will suffer mental,
physical or psychological harm. For reformatory measures and
rehabilitation, the best place could be the house of the child and
the parents of the child in conflict with law have also
undertaken to take care of the best interest of the child.
13. Therefore, in the light of the aforesaid discussion,
I am of the considered opinion that the child in conflict with law
could be released on bail and accordingly 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. 55 of 2024
arising out of Araria Mahila PS Case No. 13 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
care and upkeep of the petitioner.
(ii) The petitioner shall remain present
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before the Board on each and every date of
trial of the case fixed by the Board.
14.Accordingly, the Judgment/Order dated 04.10.2024
passed by learned Additional District and Sessions Judge-I-
cum-Special Judge (Children Court) Araria and order dated
30.07.2024
passed by the Juvenile Justice Board, Araria are set
aside and hence, the present revision petition stands allowed.
15. Office is directed to return the lower court record
forthwith.
16. The CICL would not try to make contact with the
victim or any of the witnesses and if any such instance comes to
the notice, the opposite party no. 2 is at liberty to approach the
learned trial court seeking cancellation of his bail.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 08.01.2026
Transmission Date 08.01.2026
