All Steps Must Be Taken For Reformation & Rehabilitation: Patna High Court Grants Bail To 14-Yr-Old Boy In POCSO Case

The High Court was considering a criminal revision petition filed for setting aside the judgment/order upholding the order passed by the Juvenile Justice Board rejecting the prayer for grant of bail to the petitioner/child in conflict with law (CICL) in a case registered under Section 65(2) of Bharatiya Nyaya Sanhita, 2023 and Section 4,6 of the POCSO Act.

The Single Bench of Justice Arun Kumar Jha held, “Cumulative reading of aforesaid provisions show the CICL should be released on bail unless the fact comes on record that there was chance of such child coming in contact with a known criminal or enlarging such child on bail might expose him to moral, physical or psychological danger. Further, the courts being parens patriae are supposed to look into for protection of best interest of the child. All such steps are to be taken by the Courts for reformation and rehabilitation of a child in conflict with law.”

Advocate Ajay Kumar Chakraborty represented the Petitioner, while Additional Public Prosecutor Prem Kumar Jha represented the State.

Factual Background

The case was registered based on a written report of the informant/opposite party under Section 65(2) of BNS and Sections 4,6 of the POCSO Act. It was alleged in the written report that the petitioner (CICL) committed rape with the minor daughter of the informant. The age of the petitioner was assessed to be 14 years 9 months, and 5 days on the date of occurrence, and, as such, he was declared a juvenile by the J.J. Board. The CICL moved before the Juvenile Justice Board, Patna, for the grant of bail, but his prayer was rejected. Being aggrieved and dissatisfied with the order of the CICL, the petitioner preferred an appeal before the Additional Sessions Judge-I-cum-Special Judge, Children Court, Patna, which came to be dismissed. Aggrieved thereby, the CICL approached the High Court by filing the instant criminal revision petition.

Reasoning

Referring to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Bench explained that a CICL could be denied bail only on the ground that, on release, the said child would come in contact with criminal elements, or there is danger to the moral, physical and psychological well-being of the CICL, or would defeat the ends of justice. “If these grounds are not present, the bail could not be denied to a CICL”, it clarified.

The Bench held, “Further, the JJ Act is, in fact, child friendly. The central theme is that the interest of child is supreme. Section 3 of the JJ Act incorporates the general principles to be followed in the administration of the Act. According to which, “all decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.”

Keeping in view the reformatory measures and rehabilitation, and to protect the best interest of the child, the Bench held that the best place could be the house of the child and keeping such a CICL in an observation home would frustrate the provision of the J.J. Act. Thus, setting aside the impugned order passed by the Juvenile Justice Board and the judgment passed by the Additional Sessions Judge-I-cum-Special Judge, the Bench ordered, “Let the petitioner, a child in conflict with law, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount.”

Cause Title: XXX v. State Of Bihar (Criminal Revision No.797 of 2025)

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