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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
S Son of Late Bhogendra Mishra – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner is a juvenile with factual background of the case. (Para 2 , 3 , 4) |
| 2. arguments presented regarding the innocence of the petitioner and evidence. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis on the grounds for bail refusal and juvenile rights. (Para 10 , 11) |
| 4. court's reasoning support for granting bail to the juvenile. (Para 12 , 13) |
| 5. conclusion to allow bail upon conditions. (Para 14 , 15) |
JUDGMENT :
Chandra Shekhar Jha, J.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The present application is being preferred against the order dated 27.11.2024 passed by learned 1st Additional Sessions Judge-cum-Special Judge (Children’s Court), Sitamarhi in connection with Nanpur P.S. Case No. 154 of 2024 for the offences punishable under Sections 376(A)(B) of the I.P.C. and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) by which the learned Court has refused to enlarge the petitioner on bail.
3. The Child in conflict with law (for short ‘CICL’)/petitioner, aged about 16 years 01 month and 19 days on the alleged date of occurrence i.e. 14.05.2024, is named in F.I.R. and
The court emphasized the importance of rehabilitating juveniles over punitive actions, allowing bail based on the principles outlined in the Juvenile Justice Act.
The court established that juveniles should not be denied bail based solely on the nature of the allegations, but rather on specific conditions that indicate a risk to society or the juvenile's well-....
Bail for juveniles is a right under the Juvenile Justice Act, with decisions guided by the principles of best interest, presumption of innocence, and family responsibility, irrespective of the nature....
The interests of the child must be prioritized in bail decisions, underlining the presumption of innocence for juveniles.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
The welfare and best interests of a juvenile in conflict with law take precedence over the gravity of alleged offenses in bail considerations.
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