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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Chandan Kumar Paswan, S/O Dukhan Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. The present appeal has been preferred by the appellant against the impugned order dated 22.05.2024 passed by learned Additional Sessions Judge-Ist.-cum-Special Judge, Children Court, Madhubani, in E. N. No. 1470 of 2023, arising out of Madhepur P.S. Case No. 242 of 2023, whereby learned Children Court has rejected the application of the appellant for releasing him on bail.
2. The appellant has been lodged in Observation Home for about one year and seven months since 05.10.2023.
3. Madhepura P.S. Case No. 242 of 2023 has been registered against unknown 4-5 persons for offences punishable under Sections 341 , 323, 302, 363, 364, 201 read with Section 34 of the Indian Penal Code on written report of one Runa Devi regarding death of her husband, Guddu Jha.
4. As per the written report dated 29.09.2023, Guddu Jha was missing since morning and despite search, the informant could not get any clue about his whereabout. But she came to know as per hearsay that he was beaten by 4-5 persons in Pasikhana (place of taking tari, a type of intoxicant made of palm juice) at about 8-10 am.
5. Subsequent to the lodging of the F.I.R., the dead body of Guddu Jha was found
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 is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
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.
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.
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
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....
Bail for juveniles under the JJ Act is the norm, with denial being an exception, requiring the prosecution to prove reasonable grounds for such denial.
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