Juveniles accused of serious crimes are entitled to favorable consideration for bail under the Juvenile Justice Act, reflecting their minor status and the necessity for a lenient approach.

ORDER :

SANJAY PRASAD, J.

This Criminal Revision Application No.186 of 2025 has been filed on behalf of the Juvenile petitioner by challenging the judgment dated 31.01.2025 passed in Criminal Appeal No.23 of 2025 by Sri Rajni Kant Pathak, the learned Special Judge, Children Court, Dhanbad by which the appeal filed on behalf of the Juvenile has been dismissed thereby affirming the order dated 20.01.2025 passed by learned Juvenile Justice Board, Dhanbad in connection with Purvi Tundi P.S. Case No.43 of 2024 by which the prayer for bail on behalf of the juvenile petitioner has been rejected.

2. As per FIR, the informant Vijay Mahato was informed by his nephew Akash Kumar Mahato and Dev Kumar Mahato aged 13 years and 11 years respectively, that his brother Santosh Mahato has been killed by one Kishan Mahato and the Juvenile petitioner. Thereafter, the Informant arrived near the pond and saw his bother Santosh Kumar Mahato has died. It is alleged that his brother has been killed by means of stone.

3. Heard learned Senior counsel for the petitioner and learned A.P.P. as well as learned counsel for the Informant.

4. Learned senior counsel for the petitioner submitted that the impugned judgment and order passed by the learned Courts below are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner is a juvenile minor girl aged around 15 years and she studies in class 10 and is also appearing in her Board Examination. It is submitted that the Probation Officer has given adverse report against the petitioner in his report but the petitioner is a minor girl and as such she may be given the benefits of beneficial provisions of Section 12 of Juvenile Justice Act, and lenient view may be taken in favour of juvenile petitioner irrespective of nature of offence. It is submitted that the petitioner is a bright student and hence she may be granted bail as she is in custody since 01.01.2025.

5. On the other hand, learned A.P.P has opposed the prayer for bail. It is also submitted that there is a direct allegation against the juvenile petitioner for committing the murder of the deceased and hence the prayer for bail may be rejected.

6. Learned counsel for the Informant has also opposed the prayer for bail and submitted that the petitioner is also involved in committing the offence along with the other juvenile Kishan Mahato as they were caught in uncomfortable position by the deceased Santosh Mahato and as such he was brutally killed by the Juvenile including this Juvenile Petitioner by the stone.

7. It is further submitted that the Probation Officer has also pointed out that the release of the juvenile petitioner on bail will expose her and she may come in contact of known criminal of the localities and hence the prayer for bail may be rejected.

8. Having heard learned counsel for both the sides and from perusal of the records of this case, it appears that the petitioner is alleged to be involved in the commission of murder of one Santosh Mahato. However, the Informant is not the eye-witness rather he has informed about the occurrence by his nephew.

9. Considering the custody of the juvenile petitioner and considering the facts of this case and taking lenient view in favour of the petitioner as the juvenile petitioner is a minor girl, the juvenile petitioner namely Nandani Kumari is directed to be released in supervision and care of her father on bail on furnishing bails bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad, subject to the condition that one of the bailer must be the father and the father of the juvenile shall furnish