The main legal point established is that bail to a child in conflict with the law is a rule, and denial is an exception, as per the Juvenile Justice Act.

ORDER :

Anil Kumar Sinha, J.

1. Heard Mr. Ashok Kumar, learned counsel for revisionist/petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Instant Cri. Revision application has been filed against the judgment and order dated 09.10.2020 passed in Cri. Appeal (Juvenile) No. 45/2020 (CIS) by the learned Special Judge (Children Court), Gaya confirming the order dated 19.06.2020 passed by Juvenile Justice Board, Gaya in connection with Buniyadganj PS Case No. 63/2020 under Section 302/34 of the IPC whereby the learned Juvenile Justice Board, Gaya refused to release the revisionist/petitioner on bail.

3. The allegation against the revisionist/petitioner is that the co-accused, Aditya Kumar, killed his brother and sister-in-law (Bhabhi) and this petitioner was along with him during the occurrence, which he has confessed before the police.

4. Learned counsel for the petitioner submits that petitioner was produced before the Juvenile Justice Board, Gaya where the plea of juvenility was taken on behalf of petitioner and the Juvenile Board declared the petitioner juvenile on 30.05.2020. Learned counsel further submits that against order passed by Juvenile Justice Board, Gaya refusing the bail application, petitioner, being juvenile, prayed before the learned court of Special Judge (Children Court), Gaya, who by impugned judgment arrived at an erroneous conclusion that there is no element of reform in the petitioner and petitioner may come in association of bad company and may be involved in other similar nature of offence if he is released on bail. Learned counsel next submits that the learned court below has also committed material irregularity in arriving at a conclusion that release of the petitioner on bail will defeat the ends of justice inasmuch as the learned court below has not considered the social investigation report of the petitioner in correct legal perspective.

5. Learned counsel has placed reliance upon Sections 3 (i) (iv) (v) and (xiv) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act') which are quoted hereinbelow:-

(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.

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(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.

(xiv) Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances.

6. Learned counsel, referring to the above mentioned provisions, submits that as per the scheme of the Act, there is presumption of innocence of a child in conflict with law and all decisions regarding the child shall be taken in consonance with the principle of best interest of the child. Learned counsel further submits that the principle of family responsibility and principle of fresh start have also been recognized in the Act.

7. Learned counsel further relies upon Section 12 of the Act which is as follows:-

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 bailable 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 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