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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
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 is in observation home since 03.04.2024.
4. The allegation against the CICL/petitioner is to commit rape upon the informant while she had gone to bring wood in an orchard at some distance from her house.
5. Learned counsel appearing on behalf of the CICL/petitioner submitted that petitioner/CICL was not named in the FIR, whereas on the basis of determination of age by Juvenile Justice Board, Sitamarhi the age of CICL/petit
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.
A child in conflict with law should be presumed innocent, and release on bail is prioritized for their best interest unless clear evidence suggests otherwise.
The court ruled that bail for a Child in Conflict With Law should not be denied on speculative grounds, emphasizing protection over criminalization in adolescent relationships, as per Section 12 of t....
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