2025:JHHC:29748 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.899 of 2025 Juvenile ‘X’ through his father …. … Petitioner Versus The State of Jharkhand ..... … Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Mrs. Vani Kumari, Advocate. For the Opp. Parties : Mr. Shailendra Kr. Tiwari, Spl. PP ------ 3/24.09.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. This Criminal Revision has been preferred against the Judgment dated 19/08/2025 passed by Learned P.O (Children Court), Dumka in Criminal Miscellaneous Appeal (Juvenile) No.06/2025 whereby the learned Appellate Court has been pleased to reject the prayer to release the petitioner on bail by rejecting the Criminal Miscellaneous Appeal and also set aside the order dated 26/07/2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka in E.N No. 113/2025, in connection with Saraiyahat P.S case No. 102 of 2025, which was registered for the offences under Sections 111/319(2)/61(2)/318(4) 338/336(3)/340(2) /3(5) of B.N.S and under Sections 66 (c)/66(D) of I.T. Act, whereby the Learned Principal Magistrate, Juvenile Justice Board, Dumka has been pleased to reject the prayer for bail of the petitioner. The case is pending in the court of Learned Judicial Magistrate, 1st Class, Dumka. 3. Learned counsel appearing for the petitioner submits that the petitioner is a juvenile and he was aged about 17 years at the time of 2025:JHHC:29748 2 alleged occurrence. She further submits that the petitioner has been arrested on the spot and the I-phone was recovered from the possession of the petitioner, however from the I-phone there is no allegation of transaction of any money. She further submits that there is no criminal antecedent against the petitioner. She further submits that he is in remand home since 29.06.2025. She then submits that the petitioner is being represented by his father and the father is ready to give undertaking that he will take care of the child and he will not allow him to expose to any moral, physical and physiological danger. 4. Learned counsel appearing for the State opposed the prayer and submits that there is adverse remark in the Social Investigation Report against the petitioner. 5. It is admitted position that the petitioner is a juvenile and the allegation is made of indulging in cybercrime. However, from the phone in question, it is not alleged that any transaction of money has been made. Petitioner is in remand home since 29.06.2025. Petitioner is being represented by his father and the father is ready to give undertaking that he will take care of the child and he will not allow him to expose to any moral, physical and physiological danger. 6. Learned Courts have rejected the prayer of bail of the petitioner only on the apprehension that once the petitioner will be released, the petitioner will come in contact with the criminals and that ground for denial of bail of the petitioner does not sound good in the light of Section 12 of the Juvenile Justice (Care and Protection of Children) 2025:JHHC:29748 3 Act, 2015. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, deals with bail to juveniles. Juvenile can be denied bail only on the following three grounds as per the said Act, which are (i) if there appear reasonable grounds for believing that the release is likely to bring that person into association with any known criminal, or (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 is also no 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. In view of the above, it transpires that the gravity of the allegation is not the ground to reject the bail of a Juvenile in the light of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the learned Courts have been pleased to reject the bail of the petitioner only on the ground of apprehension that if the petitioner released on bail, he will come in association of criminals. 9. It appears that the ground of rejection is not considered as per Section 12 of the Juvenile Justice (Care and Protection of Children) 2025:JHHC:29748 4 Act, 2015 in right perspective by the learned Courts and in view of that the Judgment dated 19/08/2025 passed by Learned P.O (Children Court), Dumka in Criminal Miscellaneous Appeal (Juvenile) No.06/2025 and the order dated 26/07/2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Dumka in E.N No. 113/2025, in connection with Saraiyahat P.S case No. 102 of 2025 are hereby set-aside. 10. In view of that, this Criminal Revision Petition is allowed. 11. Since the revisionist is in observation home since 29.06.2025, he is directed to be released on bail via assurance and surety given by his natural guardian/father in connection with Saraiyahat P.S case No. 102 of 2025, after furnishing a personal bond of his father with two sureties of his relative each in the like amount to the satisfaction of Juvenile Justice Board, Dumka, 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. 2025:JHHC:29748 5 (iii) Juvenile and natural guardian/father will report to the Probation Officer on the first Monday of every calendar month commencing with the first Monday of October, 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, Dumka, on such a periodical basis as the Juvenile Justice Board may determine. 12. As such, this Criminal Revision is disposed of. Pending I.A. if any stands disposed of. (Sanjay Kumar Dwivedi, J.) 24.08.2025 R.Kumar