The seriousness of the offence is not a consideration for rejecting bail for a child in conflict with the law, and bail can only be refused in specific exceptions.

This revision application is directed against judgment dated 02.08.2017, passed by learned Sessions Judge, West Champaran at Bettiah in Cr. Appeal No.25 of 2017, arising out of Chautarwa (Bathuwariya) P.S. Case No.244 of 2016. The learned Sessions Judge dismissing the appeal filed for release of the juvenile in conflict with law upheld the order dated 02.05.2017, passed by Juvenile Justice Board, Bettiah, West Champaran refusing the release of the petitioner on bail. The petitioner is one of the accused in the aforesaid case registered under Sections 302, 201/120(B) of the Indian Penal Code.

2. The allegation in brief is that the informant’s 13 years’ old minor son went away with accused persons including the petitioners to watch a movie on the projector thereafter did not return back. The petitioner was also apprehended on 03.10.2016 along with others and the petitioner’s age was assessed by the Board as 16 years and 4 months.

3. The Juvenile Justice Board, Bettiah rejected the bail of the petitioner as he is accused in heinous crime so in case of release, he would be exposed to moral, physical and psychological danger, so learned Sessions Judge also refused the bail on the ground that in case of release, the petitioner may likely to go in association of known criminals leading to exposure to moral, physical and psychological danger, ultimately could defeat the ends of justice.

4. Having considered the rival submission and on perusal of record, the Court finds that the petitioner was declared juvenile after age ascertaining enquiry by the Board. There is special law for grant of bail on which the bail of a juvenile in conflict with law is considered. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 deals with the provision of bail in case of a juvenile. The seriousness or gravity of the offence is not a consideration for rejecting the bail in case of a child in conflict with law. Only in three exceptions bail can be refused. There must be some material on record to show that accused is a member of criminal gang or any report submitted by any social investigation report showing the conduct of the family not conducive to keep him in a proper way but there is lack of such material on record in the present case, so the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Bettiah, West Champaran in connection with J.J.B. Case No.526 of 2017, arising out of Chautarwa (Bathuwariya) P.S. Case No.244 of 2016 with condition that the father of the petitioner will be one of the bailors who will also furnish undertaking to keep the petitioner in proper care and supervision ensuring not to indulge in any further criminal conduct.

5. The criminal revision application stands allowed.