Muskan Kumar @ Roshan Kumar v. The State of Bihar
Case brief
What is this about?
Patna High Court, Bibek Chaudhuri J, 27-01-2025; criminal revision batch (CR 592/2023 with 808/2023 and 40,107,160,161,219,268,278,300,302,310,332,346,348,395,402,423,426,500,518,535,560,582,585,650,806,847 of 2024); juvenile in conflict with law; Section 12 JJ Act 2015 bail; presumption of innocence; best interest; proviso conditions; known criminals exception construed strictly; Social Investigation Report Form-6 JJ Model Rules 2016; bailable/non-bailable classification irrelevant; aggravated offence shocking conscience of society; rape of minor, POCSO, murder, NDPS Act, SC/ST (Prevention of Atrocities) Act, Arms Act; Children's Court appeal dismissed; impugned orders affirmed; revisions dismissed; relied on Lalu Kumar 2019(4) PLJR 833, Nand Kishore (2006) 4 RCR (Crl.) 754, Juvenile X 2021 SCC Online All 1091.
What did the court decide?
The provision of Section 12 JJ Act relating to bail must be considered on the touchstone of the presumption of innocence of the child, notwithstanding the Code of Criminal Procedure; granting bail to a CICL is the rule and refusal is an exception