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Judgment
This criminal revision petition has been filed for setting aside the orders dated 22.7.2026 passed by Additional Sessions Judge I Cum Special Judge, Children Court, in Criminal (Miscellaneous) Appeal No.55 of 2026 affirming the order dated 19.06.2026 passed by learned Principal Magistrate, Juvenile Justice Board, Giridih in MCA No.3097 of 2026 [arising out of Hirodih PS Case No.120/25 (GR 1473/26)] and for bail.
Learned counsel appearing for the petitioner submits that the petitioner happened to be aged about 17 years at the time of alleged occurrence and the allegations are made of rape on 21.08.2025, however, the FIR has been lodged on 08.09.2025 after 17 days of delay. He next submits that the petitioner happened to be cousin brother-in-law of the informant and she has falsely implicated the petitioner. He also submits that the independent witnesses in paragraph nos.90, 91 and 92 of the case diary have stated that the informant has earlier lodged false case against her father in law as well as others of the village and she has withdrawn the case after taking Rs.90,000/-. He next submits that the learned courts have been pleased to reject the bail application of the petitioner on the ground that the petitioner will come in contact with the known criminals. He next submits that the petitioner is being represented by his father and his father is ready to give undertaking to the effect that he will keep his son in good character and behaviour in future and he will prevent his son from being exposed to moral, physical or psychological danger and he will prevent his son from coming into the association of the known criminals and he is ready to swear affidavit in this regard. He also submits that the petitioner has remained in remand home since 30.03.2026.
Learned counsel for the State opposes the prayer and submits that the learned courts have come to the conclusion that the petitioner will come in contact with the known criminals and in view of that, the learned courts have rightly passed the orders.
The petitioner is said to be cousin brother-in-law of the informant and he was aged about 17 years at the time of alleged occurrence and the alleged occurrence is said to be dated 21.08.2025, however, the FIR has been lodged on 08.09.2025. In paragraph nos.90, 91 and 92 of the case diary the independent witnesses have stated that the informant has earlier lodged false case against her father-in-law as well as others of the village and she has withdrawn the case after taking money. The learned courts have been pleased to reject the bail application of the petitioner on the ground that the petitioner will come in contact with the known criminals however the basis of coming to such conclusion is not disclosed in the orders of the learned courts.
In absence of any material on record that the release of the petitioner would defeat the ends of justice and the learned courts have failed to give the reasons on three contingencies for decline the bail i.e. (i) if there appears 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, and in view of that, the judgment dated 22.7.2026 passed by Additional Sessions Judge I Cum Special Judge, Children Court, in Criminal (Miscellaneous) Appeal No.55 of 2026 and the order dated 19.06.2026 passed by learned Principal Magistrate, Juvenile Justice Board, Giridih in connection with MCA No.3097 of 2026 [arising out of Hirodih PS Case No.120/25 (GR 1473/26)] are set aside. This criminal revision petition is allowed.
Let the revisionist who is in in observation home since 30.3.2026 be released on bail via assurance and surety given by his natural guardian/father in connection with in MCA No.3097 of 2026 [arising out of Hirodih PS Case No.120/25 (GR 1473/26)], pending before learned Juvenile Justice Board, Giridih, subject to the following conditions:
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.
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.
Juvenile and natural guardian/father will report to the Probation Officer on first Monday of every calendar month commencing on the first Monday of November, 2026 and if during any calendar month the first Monday falls on a holiday, then on the following working day.
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, Giridih, on such a periodical basis as the Juvenile Justice Board may determine.
This criminal revision petition is allowed and disposed of. Pending I.A, if any, stands disposed of.