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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Md. Rahul @ Rahil, S/o. Md. Sanjur – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
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| 1. conclusion on granting bail considering juvenile welfare. (Para 10 , 11) |
JUDGMENT :
ARUN KUMAR JHA, J.
Heard learned counsel for the petitioner/child in conflict with law and learned counsel for the State.
02. The petitioner is a juvenile in conflict with law and the instant revision petition is preferred on behalf of the petitioner for setting aside the impugned Judgment/Order dated 15.01.2025 passed by learned District and Additional Sessions Judge-1st-cum-Special Judge (Juvenile Court) Araria, in Criminal Appeal No. 33 of 2024 arising out J.J.B. No. 102 of 2024 in connection with Araria R.S. P.S. Case No. 121 of 2024 for the offences under Section 126(2), 115(2), 65(1), 351 (2) & (3), 352, 3/5 of the B.N.S. and Section 06 of the POCSO Act whereby and whereunder the learned District and Additional Sessions Judge-1st-cum-Special Judge (Juvenile Court) Araria rejected the appeal of the petitioner for grant of bail and the order dated 29.10.2024 passed by learned Principal Magistrate, Juvenile Justice Board, Araria was upheld.
The present revision is also preferred against order dated 29.10.2024 passed by the learned Principal Magistrate, Juvenile Justice Board, Araria
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.
Juvenile Justice promotes rehabilitation over punishment; bail should not be denied absent clear risk factors.
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.
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 interests of the child must be prioritized in bail decisions, underlining the presumption of innocence for juveniles.
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