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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
... – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
Introduction
1. The present appeal has been preferred by the appellant against the impugned order dated 15.04.2023, passed by learned Ist Additional Sessions Judge, Saran at Chhapra in C.C. Case No. 11 of 2022 (Marhowrah), P.S. Case No. 298 of 2020, registered against the Appellant and other two co-accused for the offence punishable under Section 376(D) of the Indian Penal Code and Section 67(A)(c) of the I.T. Act, 2008, whereby the regular bail petition of the Appellant has been rejected by learned Court below, holding as follows:
“7. Thus, it is conspicuous from SBR and SIR that juvenile petitioner is in conflict with law on account of friends of his age and he is in conflict with law on account of dispute relating to crop. Hence, I am of view that release of such juvenile petitioner on bail may bring him into association of same set of persons under whose influence he is in conflict with law. It would also expose him to moral, physical and psychological danger and it would also defeat the ends of justice. Therefore, taking care of best interest of juvenile, I am of the view that he should not be enlarged on bail. Accordingly, bail petition of juvenile p
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 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....
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail for juveniles is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
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.
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
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