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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Ashish Patel, Son of Munmun Patel @ Ramashankar Patel @ Rama Shankar Prasad, through his legal guardian (Father) namely Rama Shankar Prasad @ Rama Shankar patel, Son of Baijnath Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
Heard learned senior counsel for the petitioner and learned APP for the State as well as learned counsel appearing on behalf of the informant/opposite party no. 2.
2. The present petition has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter 'J.J. Act'), against the order dated 13.01.2025 passed by learned Children Court -cum- Additional Sessions Judge-I, Siwan in Criminal Appeal No. 30 of 2024, which has affirmed the order of the learned Juvenile Justice Board rejecting the prayer for bail of the petitioner dated 10.09.2024 passed in G.R. No. 3600 of 2024, J.E. No. 402 of 2024, arising out of Maharajganj P.S. Case No. 244 of 2024 registered for the offences under Sections 302/34, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. Briefly stated, the facts of the case are that the opposite party no. 2 is the informant of Maharajganj P.S. Case No. 244 of 2024 registered for the offences under Sections 302/34, 120B of the Indian Penal Code and Section 27 of the Arms Act against the petitioner, a child in conflict with law ('CICL'), and others for the murder of his son. The informant/op
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.
The welfare and best interests of a juvenile in conflict with law take precedence over the gravity of alleged offenses in bail considerations.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
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.
Children in conflict with law are presumed innocent, and their welfare must be prioritized in bail considerations.
The presumption of innocence and the best interests of the child should guide bail decisions for children in conflict with the law.
The interests of the child must be prioritized in bail decisions, underlining the presumption of innocence for juveniles.
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