The Patna High Court has clarified that bail to a child in conflict with law cannot be denied merely because the allegation is grave or heinous. Under Section 12 of the Juvenile Justice Act, bail must ordinarily be granted unless there is material on record showing that release would bring the child into association with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice. In the absence of such supporting material, and keeping in view the statutory principles of best interest, family restoration and institutionalisation as a last resort, continued detention of the child is not justified.
The High Court therefore set aside both the appellate order and the Juvenile Justice Board’s order, and directed release of the petitioner on bail on furnishing bail bonds of Rs. 10,000 with two sureties. One bailor was required to be a parent, and the other a relative without criminal antecedents who would undertake proper care and upkeep of the child.
A Single Judge Bench of Justice Arun Kumar Jha reiterated that Section 12 of the Juvenile Justice Act makes grant of bail to a CICL the norm, and refusal is permissible only where release is likely to bring the child into association with known criminals, expose the child to moral, physical or psychological danger, or defeat the ends of justice. The Bench also referred to the principles under Section 3 of the Act, especially the principle of best interest, the rule that institutional care should be a measure of last resort, and the child’s right to be restored to the family at the earliest unless that is not in the child’s best interest.
Applying these principles, the Bench noted that the petitioner had been in protective custody since Feb 25, 2025, had no criminal antecedent, and this was his first alleged offence. The Bench found the Social Investigation Report to be more or less favourable. Although the Social Background Report referred to bad company, the Court also noted that the petitioner was a student of Class 11. The Bench emphasized that institutionalisation is never in the best interest of a child except as a last resort, and that reformation and rehabilitation are better secured within the family rather than by continued protective custody. It further held that there was nothing on record to substantiate the apprehension that his release would expose him to physical or psychological danger.
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Briefly, a criminal revision was filed by a child in conflict with law (CICL) challenging the orders of the Juvenile Justice Board, Begusarai dated May 28, 2025 and the appellate Children Court dated Sep 24, 2025, both of which had refused him bail. The case had been registered under Section 65(2) of the BNS and Sections 6/10 of the POCSO Act on the allegation that the petitioner had ravished the informant’s five-year-old daughter. The petitioner was taken into custody on Feb 25, 2025, and by order dated May 19, 2025, his age was declared to be 15 years 10 months and 14 days, after which he was treated as a CICL.
The petitioner argued that he had clean antecedents, was a Class 11 student, and that bail to a CICL under Section 12 of the Juvenile Justice Act is the rule unless the case falls within the specific statutory exceptions. He also contended that the lower courts had mainly relied on the seriousness of the allegation and on unsupported assumptions that his release would expose him to moral, physical or psychological danger. It was further submitted that his parents were ready to take responsibility for his care and to ensure that he did not come into contact with bad elements.
On the other side, the State and the informant opposed bail by stressing the seriousness of the allegation and the medical report. They also relied on the social background report, which stated that the petitioner was in the company of older boys allegedly addicted to smoking, alcohol and teasing girls, and argued that if released, he may again come into contact with such bad elements.
