1 Cr. Revision No.603 of 2025 2025:JHHC:24799 IN THE HIGH COURT OF JHARKHAND, RANCHI --- Cr. Revision No.603 of 2025 ---- Juvenile ‘X’ through his Mother …… …. … Petitioner(s) -- Versus -- The State of Jharkhand …. … … Opp.Party(s) ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Pramod Kumar, Advocate Mr.Kishlay Kumar, Advocate Mr.Saurabh Kumar, Advocate For the State :- Mr. Ajay Kumar Pathak, Advocate ---- 4/21.08.2025 Heard the learned counsel for the petitioner and the learned counsel for the respondent State. 2. This petition has been preferred against the judgment dated 23.05.2025 passed by learned Additional Sessions Judge I cum Children Court, Hazaribagh in Cr. (Juvenile) Appeal No.53 of 2025 whereby the prayer of the petitioner has been rejected in connection with Barhi P.S. Case No.48 of 2025, corresponding to G.R. No.792 of 2025, registered for the offence under sections 127(2)/69/352/351(2) of BNS, 2023 and has confirmed the order passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribagh by order dated 30.04.2025. 3. Learned counsel for the petitioner submits that the petitioner is aged about 16 years and he is represented by his mother and his father is residing out of India. He submits that the allegations have falsely been made and the girl is major aged about 18 years. He submits that relationship was consensuous and at the time of offence he was of 16 years age. He submits that when the petitioner came to know about the case, he voluntarily surrendered before the learned court on 19.03.2925 and since then he is in judicial custody. He further submits that the 2 Cr. Revision No.603 of 2025 mother of the petitioner is ready to give undertaking that she will take care of the child and the child will not be allowed to come into the contact of any hardened criminal. In these backgrounds, he submits that the bail to the petitioner may kindly be granted and further in the social report of the petitioner there is nothing adverse against the petitioner which has been considered by the learned appellate court. 4. Learned counsel for the respondent State submits that the petitioner was involved in the said crime and in view of that the learned court has rightly passed the order. 5. It is an admitted position that the petitioner was aged about 16 years at the time of alleged occurrence. The mother of the petitioner has given undertaking that she will take care of the child/ petitioner that he will not be exposed to any moral, physical and psychological danger. 6. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. On perusal of Section 12 of the J.J. Act, 2015, it is crystal clear that Section 12 of the Act overrides the bail provisions as contained in the Criminal Procedure, 1973 or any other law for time being in force. It is further crystal clear that bail to the juvenile is a rule and refusal of the same is an exception and juvenile can be denied bail only on the following three grounds;(i) if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal;(ii) expose the said person to moral, physical or psychological danger; or (iii) the person’s release would defeat the ends of justice. 7. In light of Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juvenile are also no 3 Cr. Revision No.603 of 2025 relevant consideration for denial of bail above 16 years of age and is alleged to have committed a heinous offence is also entitled to get bail under section 12 of the Act, 2015. There is no classification, whatsoever, provided in Section 12 of the Act, 2015 with regard to grant of bail. Section 12 of the Act is applicable to all juveniles in conflict with law without any discrimination of any nature. 8. The Court has to consider as to whether keeping of the child in custody will be helpful in his development and rehabilitation and for his protection and only then it could be said that release of the child would defeat the ends of justice. 9. In view of the above discussion and looking into the judgment of the learned courts, the Court finds that only on the ground that the petitioner will be exposed to moral, physical or psychological danger, the bail has been rejected, it appears to be not a good and reasonable ground. 10. In view of the above, the judgment dated 23.05.2025 passed by learned Additional Sessions Judge I cum Children Court, Hazaribagh in Cr. (Juvenile) Appeal No.53 of 2025 whereby the prayer of the petitioner has been rejected in connection with Barhi P.S. Case No.48 of 2025, corresponding to G.R. No.792 of 2025, registered for the offence under sections 127(2)/69/352/351(2) of BNS, 2023 and has confirmed the order passed by learned Principal Magistrate, Juvenile Justice Board, Hazaribagh by order dated 30.04.2025 is hereby, set-aside, and consequently, this Criminal Revision petition being Cr. Revision No.603 of 2025 is allowed. 11. Let the revisionist, who is in observation home since 19.03.2025 be released on bail on the assurance and surety given by his mother in 4 Cr. Revision No.603 of 2025 connection with Barhi P.S. Case No.48 of 2025, corresponding to G.R. No.792 of 2025, after furnishing personal bond of his mother (Anisha Khatun) with two sureties of like amount, to the satisfaction of Principal Magistrate, Juvenile Justice Board, Hazaribagh, subject to the conditions that, (i) Natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence. (ii) Natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits. (iii) Juvenile and natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of September, 2025, and if during any calendar month the first Monday falls on a holiday, then on the following working day. (iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Hazaribagh, on such a periodical basis as the Juvenile Justice Board may determine. 12. In light of above, this cr. revision petition is allowed and disposed of. ( Sanjay Kumar Dwivedi, J.) SI/,