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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Ankit kumar @ Ankit Kumar Paswan, S/o. Vinod Paswan @ Binod Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
02. The instant revision petition has been filed for setting aside the Judgment/Order dated 04.10.2024 passed in Criminal Appeal No. 21 of 2024 by the learned Additional District and 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 30.07.2024 passed by the Juvenile Justice Board, Araria rejecting the prayer of the petitioner for bail in connection with J.J.B. Case No. 55 of 2024 arising out of Araria Mahila PS Case No. 13 of 2024 for the offences under Section 376(AB) of the IPC and Section 6 of the POCSO Act.
03. 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. 13 of 2024 under Section 376(AB) of the IPC and Section 6 of the POCSO Act with allegation that the petitioner committed rape with her 5½ year old daughter. The petitioner/child in conflict with law (in short ‘CI
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.
Bail for juveniles must prioritize their best interests and presumed innocence, with a focus on avoiding harm and reassessing social circumstances.
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