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IN THE HIGH COURT OF JUDICATURE AT PATNA
SONI SHRIVASTAVA
Rohit Kumar Yadav, s/o. Rameshwar Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. fundamental right under article 21 (Para 2) |
| 2. maintainability of anticipatory bail for cicl (Para 5 , 6 , 7 , 8 , 9) |
| 3. institutionalization principles in juvenile justice (Para 10 , 11 , 12 , 14) |
| 4. arguments on welfare provisions for children (Para 15 , 17 , 19) |
| 5. high courts rulings on anticipatory bail (Para 20 , 21) |
| 6. interpreting article 21 in context of juveniles (Para 22 , 24 , 25) |
| 7. clarifying definitions of arrest and apprehension (Para 30 , 32) |
| 8. best interests principle in juvenile law (Para 36 , 37 , 38 , 39) |
| 9. broader views on anticipate bail application (Para 41 , 42) |
| 10. case specifics and arguments against anticipatory bail (Para 62 , 63) |
| 11. conclusion of anticipatory bail decision (Para 64 , 66) |
JUDGMENT :
SONI SHRIVASTAVA, J.
Heard Mr. Ravindra Kumar, learned counsel for the petitioner, Mr. Nadim Seraj, learned GP-5 appearing on behalf of State, especially appointed by the learned Advocate General, assisted by Mr. Ali M. Ahmed and Mr. Shahbaj Alam, learned AC to GP-5, Mr. Nand Kishore Prasad, learned APP for the State and Mr. Abhay Shankar Singh, learned Advocate appointed as Amicus Curiae in this case.
2. By way of filing the present application, the
Anticipatory bail is available to children in conflict with law under Section 438 Cr.P.C., as the Juvenile Justice Act does not explicitly prohibit it, supporting personal liberty as per Article 21.
A juvenile can file for anticipatory bail under Section 438 of the Cr.P.C. before actual apprehension, as the absence of 'arrest' in the Juvenile Justice Act does not negate this right.
Juveniles in conflict with law can seek anticipatory bail under Section 438 Cr.P.C., as the provisions of the Juvenile Justice Act do not exclude this right.
An application for anticipatory bail under Section 438 of the Code at the instance of a minor/juvenile is not maintainable due to the comprehensive and distinct procedure laid down in the Juvenile Ju....
Accused who has axe to grind against the applicant is likely to name him as an accused to falsely impleade him in the offence has not been denied in any manner either before the Sessions Court or bef....
The Juvenile Justice Act, 2015, consciously omitted to provide anticipatory bail for juveniles, considering the absence of the concept of 'custody' and the rehabilitatory, reformatory, and beneficial....
Liberty of a juvenile is the supreme factor, and he or she cannot be deprived of the liberty merely because there is no remedy seeking protection against his or her pre-arrest available under the Act
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