[Cites 6, Cited by 0]
Patna High Court
Rahul Kumar vs The State Of Bihar on 29 January, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.505 of 2025
Arising Out of PS. Case No.-34 Year-2024 Thana- MAHILA P.S. District- Madhepura
======================================================
Rahul Kumar Manju Devi Wife of Shivnarayan Mukhiya @ Shivnandan
Mukhiya Resident of village-Madhuban, P.S.-Madhepura (Bharrahi O.P.),
District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Anshu Kumari Daughter of Raghunandan Mandal village- Madhuban, Ps-
Madhepura, (Bharrahi Op), Dist- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Adv.
For the Respondent/s : Mr.Anant Kumar, APP
For the O.P. No.2 : Mr. Ashok Kr. Singh, Adv.
Mr. Abhishek Kr. Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 29-01-2026
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 22.01.2025 passed in
Criminal Appeal No. 28 of 2024 by the learned Additional
Sessions Judge-I-cum-Special Judge (Children Court)
Madhepura whereby and whereunder the learned Special Judge
(Children Court) Madhepura dismissed the appeal of the
petitioner and also to set aside the order dated 30.09.2024
passed by the Juvenile Justice Board, Madhepura rejecting the
prayer of the petitioner for bail in connection with J.J.B. Case
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
No. 114 of 2024 arising out of Madhepura Mahila PS Case No.
34 of 2024 for the offences under Section 126(2), 115(2), 65(1),
352 of the BNS and Section 4/8 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 Madhepura Mahila P.S. Case No. 34 of 2024
under Section 126(2), 115(2), 65(1), 352 of the BNS and
Section 4/8 of the POCSO Act with allegation that 6 months ago
in a field the informant and petitioner met and the petitioner
made physical relation with her. The petitioner continued
making relations with her and when she told the petitioner to
marry, he abused and assaulted her and refused to marry. When
she became pregnant, the petitioner again abused and assaulted
her and in panchayati the petitioner and his family members
refused to solemnize marriage with the opposite party no. 2. The
petitioner/child in conflict with law (in short 'CICL') was taken
in custody on 02.08.2024. The CICL moved before the learned
Juvenile Justice Board, Madhepura for grant of bail but his
prayer was rejected and his petition for bail was dismissed vide
order dated 30.09.2024. The CICL preferred an appeal which
also came to be dismissed vide order dated 22.01.2025 passed
by the learned Additional Sessions Judge-I-cum Special Judge
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
(Children's Court) Madhepura. 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 ill motive of
the victim and village politics. The FIR has been lodged after
much delay for which there is no satisfactory explanation. The
petitioner was declared juvenile on 21.08.2024 by the JJB,
Madhepura and the age of the petitioner was 15 years 06 months
and 30 days on the date of occurrence and has got no criminal
antecedent. The age of the victim is about 13 years. 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 and the
fact that he 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. It
has also been mentioned that the CICL has studied up to Class 9
only and has interest in studies. However the same report also
mentions about his friendly nature and normal mental condition.
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
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
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 13 year old girl
and made her pregnant. The informant has also stated the fact in
her statement recorded under Section 183 of the BNSS. 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 does not
appear to be mature. The CICL comes from a 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
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
rival submission of the parties.
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
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
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
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
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 not 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
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
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
(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)...
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
(xvi)..."
10. Cumulative reading of these two provisions show
the CICL shall 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, the alleged offence
is 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 02.08.2024 and 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 find any material to infer that the child would
come in contact with some known criminal or if released, he
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
will suffer mental, physical or psychological harm. For
reformatory measures and rehabilitation and to protect the best
interest of the child, the best place could be the house of the
child.
12. 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, Madhepura
/concerned court, in connection with J.J.B. Case No. 114 of
2024 arising out of Madhepura Mahila PS Case No. 34 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
before the Board on each and every date of
trial of the case fixed by the Board.
Patna High Court CR. REV. No.505 of 2025 dt.29-01-2026
13.Accordingly, the Judgment/Order dated 22.01.2025
passed by learned Additional Sessions Judge-I-cum-Special
Judge (Children Court) Madhepura and order dated 30.09.2024
passed by the Juvenile Justice Board, Madhepura are set aside
and hence, the present revision petition stands allowed.
14. Office is directed to return the lower court record
forthwith.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 29.01.2026
Transmission Date 29.01.2026
