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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Rakesh Rai S/o Sanjay Rai – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 6 , 7) |
| 3. statutory provisions cited for juvenile bail. (Para 8 , 9) |
| 4. court's reasoning on bail terms. (Para 10 , 12 , 13) |
| 5. discussion on the legal provisions of the juvenile justice act regarding bail. (Para 11 , 14 , 15 , 16) |
| 6. final conclusion regarding bail decision. (Para 17) |
JUDGMENT :
JITENDRA KUMAR, J.
1. The present Criminal Appeal has been preferred by the appellant against the impugned order dated 01.11.2023 passed by the learned Additional Sessions Judge 1st cum Special Judge SC/ST & Children Court, Buxar, in Adult Children Case No. 14 of 2023 arising out of Bagengola P.S. Case No. 100 of 2020 whereby the learned court below has rejected the bail petition of the appellant holding as follows:- “Considering the aforesaid facts and circumstances of this case and from perusal of case record, including the Social Investigation Report, it is found that the CICL “R” had been actively involved in this case and during investigation it has come that CICL “R” had committing the murder of father of informant in connivance with other co-accused persons. The CICL “R” has
Bail for juveniles is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail should generally be granted to juveniles, with serious offenses not excluding this unless specific safety or justice concerns arise. Emphasis on rehabilitation within the juvenile justice system....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
The detention of a juvenile in an adult jail after being declared a juvenile contravenes the Juvenile Justice Act and constitutes a violation of constitutional rights, necessitating immediate correct....
The main legal point established in the judgment is that bail for a juvenile in conflict with law is a rule under the Act of 2015, and denial of bail is an exception that must be justified based on s....
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
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