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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR, J
Avnish Kumar – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. registration and charges against the appellant. (Para 4 , 5 , 6) |
| 3. arguments by the appellant. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. arguments by the state and informant. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. legal provisions regarding bail to juveniles under j.j. act. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. observations on treatment of juveniles. (Para 29 , 30 , 31 , 32) |
| 7. judicial perspectives on juvenile bail. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 8. court's analysis and findings on the appeal. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 9. final ruling and order. (Para 52) |
JUDGMENT
The present Criminal Appeal has been preferred by the Appellant against the impugned order dated 16.04.2024, passed by learned A.D.J.-Ist-Cum-P.O. (Children Court), Sitamarhi in Sitamarhi Mahila P.S. Case No. 27 of 2023 (Trial No. 1 of 2024) whereby learned Children Court has rejected the bail application of the Appellant, holding as follows:
Prosecution Case
Social Investigation Report
Factual Background
5. After investigation, charge-sheet for offence punishable under Sections 342 , 363, 366(A), 376(AB)
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.
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....
The main legal point established in the judgment is that the gravity of the offence, the welfare of the victim, and the concerns of society must be considered when deciding on bail for a juvenile in ....
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....
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