( 2025:JHHC:26559 ) -1- Criminal Revision No. 806 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 806 of 2025 Juvenile “X” through his father … Petitioner -Versus- The State of Jharkhand … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. S.P. Roy, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P. ----- 03/02.09.2025 Heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. Sanjay Kumar Srivastava, learned counsel for the State. 2. This criminal revision petition has been preferred for setting-aside the order dated 03.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka in connection with Juvenile Case No.31/2024 arising out of Ramgarh P.S. Case No.97 of 2024, E. No.92/2025, for the allegedly committing offence under Section 65(1)/351(1) of the Bharatiya Nyaya Sanhita, 2023 and under Section 4 of the POCSO Act, whereby, the prayer for bail of the petitioner has been rejected. The further prayer is made for setting- aside the judgment dated 12.06.2025 passed by the learned Additional Sessions Judge-I-cum-Children Court, Dumka in Criminal Miscellaneous Appeal (Juvenile) No.04/2025, whereby, the appeal preferred by the petitioner has been dismissed and the order passed by the Juvenile Justice Board, Dumka has been affirmed. 3. Mr. S.P. Roy, learned counsel for the petitioner submits that the petitioner is a juvenile and he was aged about 15 years and 8 months at the time of alleged crime. He submits that there is relationship between the petitioner and the victim girl and friendship have been developed between them. He submits that the alleged occurrence is said to be on 26.09.2024, ( 2025:JHHC:26559 ) -2- Criminal Revision No. 806 of 2025 whereas, the FIR has been registered on 06.10.2024. He also submits that even the medical report is not supporting the case of rape. He further submits that the petitioner is in remand home since 22.10.2024. He submits that now the petitioner has passed Class-X examination. He submits that the petitioner has appeared in the said examination after permission granted by the Court and he has secured 1st class in Class-X examination. He also submits that the petitioner is being represented by his father and the father is ready to give any undertaking that he will take care of the child and the child will not be allowed to be exposed to any moral, physical or psychological danger. 4. Mr. Sanjay Kumar Srivastava, learned counsel for the State submits that the case is arising out of Section 65(1)/351(1) of the Bharatiya Nyaya Sanhita, 2023 and in view of that, the prayer for bail of the petitioner may kindly be rejected. 5. In view of the above, it transpires that the petitioner is in remand home since 22.10.2024 and even during the period of custody, he has appeared in Class-X examination and he secured 1st Class in that examination. Further, it has been pointed out that there is friendship between the petitioner and victim girl and on pressure of the family members, the victim has lodged the case. The petitioner is being represented by his father and the father is ready to give undertaking that he will take care of the child. 6. In view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the 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 ( 2025:JHHC:26559 ) -3- Criminal Revision No. 806 of 2025 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. From Section 12 of the said Act, it also transpires that seriousness of the alleged offence or the age of the juvenile are also no relevant consideration for denial of bail above 16 years of age and even in heinous offence also, the juvenile is entitled to get bail under section 12 of the Act, 2015. 8. In view of the above, this Court comes to a conclusion that the ground of rejecting the prayer for bail of the petitioner by both the learned Courts does not sound good. In that view of the matter, the order dated 03.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka in connection with Juvenile Case No.31/2024 arising out of Ramgarh P.S. Case No.97 of 2024, E. No.92/2025 and the judgment dated 12.06.2025 passed by the learned Additional Sessions Judge-I-cum-Children Court, Dumka in Criminal Miscellaneous Appeal (Juvenile) No.04/2025 are, hereby, set-aside. 9. Let the revisionist who is in remand home since 22.10.2024 be released on bail via assurance and surety given by his natural guardian/father, in connection with Juvenile Case No.31/2024, arising out of Ramgarh P.S. Case No. 97 of 2024, E. No.92/2025, after furnishing a personal bond of his father with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Dumka, subject to the following conditions: ( 2025:JHHC:26559 ) -4- Criminal Revision No. 806 of 2025 (i) Natural guardian/father 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/father 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/father will report to the Probation Officer on the third Monday of every calendar month commencing with the third Monday of September, 2025, and if during any calendar month the third 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, Dumka, on such a periodical basis as the Juvenile Justice Board may determine. 10. Accordingly, this criminal revision petition is allowed and disposed of. (Sanjay Kumar Dwivedi, J.) Ajay/