Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Sanjay Prasad, J
Nita Kumari, D/o. Sikandar Sao, through her Natural Guardian Sunita Devi (mother), wife of Sikandar Saw – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
(SANJAY PRASAD, J.)
1. The instant Cr. Revision Application has been filed by the petitioner challenging the judgment dated 30 July 2024 passed in Cr. Appeal No. 29 of 2024 by Sri Santosh Anand Prasad, learned Additional Sessions Judge- I – cum- Special Judge, Children Court, Garhwa by which the appeal filed by the petitioner has been dismissed thereby affirming the order dated 17.05.2024 passed by the Juvenile Justice Board, Garhwa, in connection with Ranka P.S. Case No. 17 of 2024 corresponding to G.R. No. 583A of 2024 instituted under Section 364 /34 of the Indian Penal Code and later on Section 302, 201 , 364 / 120B of the Indian Penal Code were added by which the bail of the petitioner was rejected.
2. Learned counsel for the petitioner-Juvenile submitted that the petitioner is innocent and has committed no offence. It is further submitted that name of the juvenile has come on the basis of confessional statement of her father namely, Sakendra Sao. It is submitted that her father namely Sakendra Sao and Bima Kumari, (i.e. step mother of the petitioner) have been acquitted vide judgment dated 07.02.2025 passed by Sri Nalin Kumar, learned Sessions Judge, Garhwa in S. T. No.
The court granted bail to a juvenile based on the acquittal of her father and stepmother, emphasizing the importance of custody duration and juvenile rights.
The court emphasized the importance of a juvenile's social investigation report and the duration of custody in bail decisions, granting bail based on the absence of adverse findings.
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.
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
The court affirmed that substantial evidence, including confessions and witness testimonies, justified the denial of bail for a juvenile accused of murder, emphasizing the importance of maintaining i....
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
Bail to juveniles under JJ Act Section 12 is rule; denial only on three specific grounds, not offence seriousness or age, emphasizing rehabilitation over punishment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
