( 2025:JHHC:25334 ) -1- Criminal Revision No. 848 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 848 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 : Md. Zaid Ahmed, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P. ----- 03/26.08.2025 Heard Md. Zaid Ahmed, learned counsel appearing for the petitioner and Mr. Ajay Kumar Pathak, learned counsel appearing for the State. 2. This criminal revision has been preferred against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge (Children’s Court), Simdega in Criminal Appeal No.20 of 2025, whereby, the appeal filed by the petitioner has been dismissed and the order dated 09.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Simdega in connection with Bolba P.S. Case No.10 of 2024 (Misc. Criminal Application No.528 of 2025), registered for the offence under Sections 302 and 201 of the Indian Penal Code, has been affirmed. 3. Learned counsel for the petitioner submits that the petitioner is a juvenile, aged about 16 years. He further submits that the Juvenile Justice Board and the appellate court have rejected the prayer for bail of the petitioner only on the ground of gravity of offence. He also submits that the spirit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has not been taken care of by both the Courts. He submits that the petitioner is being represented through his father and the father is ready to give undertaking that he will take care of the child and he will not allow the child to indulge with hardened criminals or any criminal. He submits that the ( 2025:JHHC:25334 ) -2- Criminal Revision No. 848 of 2025 petitioner is in observation home since 30.12.2024. He further submits that the allegation of assault is there against the wife of the deceased and by chance, the petitioner reached on the spot and in view of that, he has been implicated in the case. He submits that the petitioner has got no criminal antecedent. On these grounds, he submits that the petitioner may kindly be granted bail. 4. Learned counsel for the State opposed the prayer and submits that the case is arising out of Sections 302 and 201 of the Indian Penal Code. 5. 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 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. 6. 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. 7. 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 ( 2025:JHHC:25334 ) -3- Criminal Revision No. 848 of 2025 does not sound good. In that view of the matter, the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge (Children’s Court), Simdega in Criminal Appeal No.20 of 2025 and the order dated 09.05.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Simdega in connection with Bolba P.S. Case No.10 of 2024 (Misc. Criminal Application No.528 of 2025) are, hereby, set-aside. 8. Let the revisionist who is in observation home since 30.12.2024 be released on bail via assurance and surety given by his natural guardian/father, in connection with Bolba P.S. Case No. 10 of 2024 (Misc. Criminal Application No.528 of 2025), after furnishing a personal bond of his father (Jethu Pahan) with two sureties of his relatives each in the like amount to the satisfaction of Juvenile Justice Board, Simdega, subject to the following conditions: (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 first Monday of every calendar month commencing ( 2025:JHHC:25334 ) -4- Criminal Revision No. 848 of 2025 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, Simdega, on such a periodical basis as the Juvenile Justice Board may determine. 9. Accordingly, this criminal revision petition is allowed and disposed of in above terms. (Sanjay Kumar Dwivedi, J.) Ajay/