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IN THE HIGH COURT OF JUDICATURE AT PATNA
RUDRA PRAKASH MISHRA
Chandrika Mukhiya, S/o. Sri Rajendra Mukhiya @ Rajindra Mukhiya, through his father Rajendra Mukhiya, Son of Sri Barhu Mukhiya – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RUDRA PRAKASH MISHRA, J.
Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, learned counsel for the informant and perused the case diary.
2. The instant appeal has been filed by the appellant against the order dated 26.04.2025 passed by learned Additional Sessions Judge-cum-Special Judge, Children Court, West Champaran at Bettiah whereby the prayer for bail of the appellant in connection with Bagaha Nadi P.S. Case No. 39 of 2023 under Sections 376, 506 of the Indian Penal Code and Sections 4/6 of the POCSO Act by which the prayer of the appellant for grant of bail was rejected.
3. Accusation against the appellant is of commission of rape upon the informant’s minor daughter.
4. Learned counsel for the appellant submits that the appellant is juvenile and innocent and has committed no any offence as alleged in the F.I.R. The appellant has falsely been implicated in the present case merely on the basis of suspicion. The appellant has been declared juvenile and his age was assessed as 16 years, 4 months and 20 days by the Juvenile Justice Board. The allegation levelled against the appellant is false and concocted. There is no direct or specif
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.
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....
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.
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