High Court allowed criminal revision and ordered release on bail of a juvenile petitioner accused under Section 376 IPC, holding that the impugned bail refusal was unjustified and violated Section 12 of the Juvenile Justice Act, 2000.
Impugned order set aside; petitioner ordered released on bail on Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. REV. No.1241 of 2012 (3) dt.17-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1241 of 2012
====================================================== Ravi Kumar @ Ravi Ranjan Kumar son of Manoj Ram @ Manoj kumar Das, under the guardianship of father, resident of Village-Kadilpur, P.S.Jandaha, District-Vaishali. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 17-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has preferred this criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 14.03.2012 passed in Criminal Appeal 06 of 2012 by the Sessions Judge, Vaishali at Hajipur whereby the learned Sessions Judge dismissed the aforesaid criminal appeal preferred by the petitioner against the order dated 30.01.2012 passed in Jandaha P.S. Case No. 93 of 2011 registered under Section 376 of the Indian Penal Code by the Juvenile Justice Board, Hajipur, rejecting the prayer of the bail of the petitioner.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to land dispute in between family of the petitioner and the victim,
Patna High Court CR. REV. No.1241 of 2012 (3) dt.17-01-2013
Khushbu Kumari and both are Patidars. It is further submitted that the Juvenile Justice Board has refused the prayer of the bail of the petitioner on the basis of the conjectures and surmises showing that if the petitioner is released on bail there is strong likelihood of coming of petitioner into association with bad elements, which may effect his psychological aspect of personality and also there is chance to expose into moral danger.
On perusal of the impugned order, It appears that the learned Sessions Judge has dismissed criminal appeal of the petitioner affirming the order dated 30.01.2012 passed by the Juvenile Justice Board, rejecting the prayer of the bail of the petitioner arriving at conclusion that on release of the petitioner on bail there is strong likelihood of his coming into association with bad elements, which may effect his psychological aspect of personality and also there is chance to expose into moral danger.
On bare perusal of provision of Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000, it appears that if a Juvenile in conflict with law shall be released on bail but the exception would be that he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his
Patna High Court CR. REV. No.1241 of 2012 (3) dt.17-01-2013
release would defeat the ends of Justice.
As such, the refusal of the bail of the petitioner was unjustified and against the intention of the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Accordingly, the order dated 14.03.2012 passed by the Sessions Judge, Vaishali at Hajipur in Criminal Appeal 06 of 2012 is hereby set aside and this criminal revision is allowed. The petitioner, namely, Ravi Kumar @ Ravi Ranjan Kumar, is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Juvenile Justice Board, Vaishali at Hajipur, in connection with G.R. No. 2653 of 2011/T.R. No. 564 of 2011. Out of two sureties one surety must be parent who will give an undertaking also to the effect that he/she will take care to the petitioner so that petitioner may not indulge in bad association.
(Rajendra Kumar Mishra, J)
Safik/-
2 issues framed by the court
Whether the refusal of bail to a juvenile accused was justified under the Juvenile Justice (Care and Protection of Children) Act, 2000.
Whether the fear of bad association and moral danger warranted denial of bail against the statutory presumption in favour of release.
2 provisions across 1 enactments
Ravi Kumar @ Ravi Ranjan Kumar
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
