Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
Anshuman, J.
Bipin Kumar Son Of Kanhaiya Ram - Appellant
Vs.
The State Of Bihar - Respondent
Criminal Revision No.22 of 2023
Decided On : 17-04-2023
Bail - Juvenile - The court granted bail to the juvenile in conflict with the law based on the presumption of innocence and the assurance provided by the juvenile's mother, emphasizing the positive environment and likelihood of improvement for the juvenile.
Fact of the Case:
The petitioner, a juvenile in conflict with the law, sought bail in a case where the allegations were against other individuals and not against the petitioner. The petitioner's counsel highlighted the juvenile's minor status and the absence of any antecedents, emphasizing the positive environment and the assurance provided by the juvenile's mother.
Finding of the Court:
The court directed the release of the petitioner from observation home upon the undertaking filed by his mother, emphasizing the presumption of innocence in favor of the petitioner and the positive environment for potential improvement. The court also mandated regular meetings with the Protection Officer.
Issues: Granting bail to a juvenile in conflict with the law, presumption of innocence, assurance provided by the juvenile's mother, and the potential for improvement in a positive environment.
Ratio Decidendi: The court's decision was influenced by the presumption of innocence in favor of the juvenile, the assurance provided by the juvenile's mother, and the potential for improvement in a positive environment, leading to the grant of bail.
Final Decision: The Criminal Revision Application was allowed, and the orders passed by the Additional Sessions Judge-cum-Children Court and the Juvenile Justice Board were set aside, granting bail to the juvenile in conflict with the law.
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The present criminal revision application has been filed for granting bail to the child in conflict with law in relation to Mashrakh P.S. Case No. 146 of 2022 dated 02.04.2022 lodged under Sections 341, 323 and 302/34 of the Indian Penal Code.
3. Counsel for the petitioner submits that petitioner has declared as juvenile. There is no allegation against the present petitioner in the F.I.R., whatever be the allegation it is against other person i.e. Rajesh Ram and Kanhaiya Ram. Counsel further submits that name of petitioner has been inserted in this case only due to the reason that he is minor son of co-accused Kanhaiya Ram. Counsel further submits that there is no antecedent of the said juvenile. In the S.B.R. and S.I.R. (Social Background Report and Social Investigation Report) it has come that if the petitioner gives positive environment there is every likelihood of improvement to him. Counsel for the petitioner further submits that mother of the petitioner is ready to undertake and file an application before the Court about his behave, which shall also indicate that his behaviour was normal and his son is completely innocent. Counsel further submits that mother is ready to keep away his son from psychological danger.
4. Counsel for the State submits that the presumption of innocence is in favour of the petitioner and upon his mother assurance, he may be released.
5. In the present facts and circumstances, the petitioner is directed to release from observation home upon undertaking file by his mother and also both the members are hereby directed to met with the Protection Officer twice in a month.
6. With this direction, the present Criminal Revision Application is hereby allowed and order dated 10.10.2022 passed by Ist Additional Sessions Judge-cum-Children Court, Saran at Chapra, Bihar in Criminal (Juvenile) Appeal No. 28 of 2022 as well as order dated 16.06.2022 passed by Juvenile Justice Board, Saran at Chapra in J.J.B. No. 1760 of 2022 arising out of Mashrakh P.S. Case No. 146 of 2022 is hereby set aside.
The presumption of innocence in favor of the juvenile, the assurance provided by the juvenile's mother, and the potential for improvement in a positive environment influenced the court's decision to ....
The presumption of innocence and equity in favor of juveniles under the Juvenile Justice Act, coupled with the undertaking given by a responsible guardian, can influence the court's decision to relea....
The presumption of innocence and best interests standard governs bail considerations for juveniles in conflict with law, per Juvenile Justice Act.
The willingness and assurance of the parent to reform the juvenile played a crucial role in the court's decision to grant bail.
Juvenile bail applications must consider potential dangers and previous criminal associations, emphasizing protection against harm.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
