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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Md. Anwar @ Anwar S/o Md. Kalam @ Kalam @ Abdul Kalam – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The instant revision petition has been filed for setting aside the Judgment/Order dated 04.03.2025 passed in Criminal Appeal No. 06 of 2025 by the learned Additional Sessions Judge-I-cum-Special Judge (Children Court) Araria whereby and whereunder the learned Special Judge (Children Court) Araria dismissed the appeal of the petitioner and also to set aside the order dated 13.01.2025 passed by the Juvenile Justice Board, Araria rejecting the prayer of the petitioner for bail in connection with J.J.B. Case No.117 of 2024 arising out of Araria Mahila PS Case No. 44 of 2024 for the offences under Section 341, 376, 313, 417/34 of the IPC and Section 6 of the POCSO Act.
3. Briefly stated facts of the case leading to the institution of the present petition is that the opposite party no. 2 lodged a case vide Araria Mahila P.S. Case No. 44 of 2024 under Section 341, 376, 313, 417/34 of the IPC and Section 6 of the POCSO Act with allegation that the while she was alone in her house, this petitioner forced upon her by gagging her mouth and later
The welfare and best interests of a juvenile in conflict with law take precedence over the gravity of alleged offenses in bail considerations.
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.
A child in conflict with law should be released on bail unless there are specific circumstances suggesting danger to their welfare, as per the Juvenile Justice Act.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
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