Patna High Court – Orders
Varsha Kumari vs The State Of Bihar on 17 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.145 of 2025
In
CRIMINAL REVISION No.852 of 2024
Arising Out of PS. Case No.-252 Year-2023 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Varsha Kumari Daughter of Nagendra Pathak @ Ganesh Pathak village-
Mohdashahpur Ward no. 1, Ps- Cheria Bariyarpur, dist- Begusarai Through
her uncle and legal guardian namely Deepak Kumar Pathak, Aged about 47
years, son of Jagdish Pathak, Resident of Mohdashahpur, ward no. 1, Ps-m
Cheria Bariyarpur, dist- Begusarai
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr. Sanjay Kumar Singh, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 17-01-2025
Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the appellant
against the order dated 27.08.2024 passed by learned Additional
Sessions Judge-I-cum-Special Judge, Juvenile Court, Begusarai,
whereby the prayer for bail of the appellant in connection with
J.J.C.P. Case No. 09 of 2023, arising out of Cheria Bariyarpur
P.S. Case No. 252 of 2023 under Sections 302/34 of the Indian
Penal Code.
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
2/10
3. Prosecution case, in short, is that, the accusation
against the appellant is of being involved in killing the deceased
by strangulating him.
4. Learned counsel for the appellant submits that the
appellant is juvenile and innocent and has committed no any
offence as alleged in the F.I.R. The appellant has falsely been
implicated in the present case merely on the basis of suspicion.
The appellant is the wife of the deceased. There is no eye-
witness to the alleged occurrence rather a spy has disclosed the
fact of there being love affairs between Varsha Kumari and one
Md. Eklakh. As a matter of fact, the present case is a case of
suicide due to scuffle which took place between the husband
and the wife (appellant). The appellant has been declared
juvenile on 09.11.2023 by the Juvenile Justice Board, Begusarai
and her age was evaluated as 17 years, 6 months and 14 days
which is apparent from the impugned order itself. There is no
direct or specific evidence against the appellant and, only on the
basis of suspicion and circumstantial evidence collected by the
spy, the appellant has been falsely implicated in the present
case.
5. Learned counsel for the petitioner further submits
that the father and mother of the appellant namely Nagendra
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
3/10
Pathak @ Ganesh Pathak and Chunni Devi @ Aheliya Devi @
Anisha Devi have been granted bail by this Court vide order
dated 03.04.2024 passed in Cr. Misc. No. 24008 of 2024. The
appellant is a lady and has no criminal antecedent and is
languishing in jail custody since 15.09.2023.
6. Learned counsel for the appellant further contends
that the uncle of the appellant, who is the guardian of the
appellant, undertakes that he will take care of the conduct and
behaviour of the appellant and further added that the appellant
will bear good conduct and behaviour in future. He thus submits
that the appellant may be released on bail. He further submits
that the present case does not come under the proviso of Section
12 of the J.J.Act and so far as Social Investigation Report
(S.I.R.) is concerned, he has no criminal antecedent.
7. Learned counsel for the appellant further submits
that uncle of the appellant is ready to keep the appellant in a
social conducive atmosphere and will not allow his niece to be
in company of unlawful element of the society. Learned counsel
for the appellant further submits that the uncle of the appellant
has given an undertaking that upon release on bail, juvenile will
not be permitted to go into contact or association with any
known criminal or allowed to be exposed to any moral,
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
4/10
physical, or psychological danger and further that the uncle of
the appellant will ensure that the juvenile will not repeat the
offence. Learned counsel for the appellant further points out that
the learned court below, without considering the general
principles laid down under Section 3 as well as the mandatory
provisions of Section 12 of the J.J.Act, rejected the bail of the
petitioner who is child in conflict with law.
8. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
9. Section 3 of the J.J. Act of 2015 enumerates the
general principles to be followed in administration of the Act. It
regulates the conduct and behaviour of all persons functioning
under the Act. It states that the Central Government, the State
Governments, the Board and other agencies, as the case may be,
while implementing the provisions of the Act shall be guided by
the fundamental principles enumerated in clauses (i) to (xvi).
Section 3 reads as follows:-
“3. General principles to be followed in
administration of Act. The Central Government, the
State Governments, the Board, and other agencies, as
the case may be, while implementing the provisions of
this Act shall be guided by the following fundamental
principles, namely:–
(i) Principle of presumption of innocence: Any child
shall be presumed to be an innocent of any mala fide or
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
5/10criminal intent up to the age of eighteen years.
(ii) Principle of dignity and worth: All human beings
shall be treated with equal dignity and rights.
(iii) Principle of participation: Every child shall have a
right to be heard and to participate in all processes
and decisions affecting his interest and the childs views
shall be taken into consideration with due regard to the
age and maturity of the child.
(iv) Principle of best interest: All decisions regarding
the child shall be based on the primary consideration
that they are in the best interest of the child and to help
the child to develop full potential.
(v) Principle of family responsibility: The primary
responsibility of care, nurture and protection of the
child shall be that of the biological family or adoptive
or foster parents, as the case may be.
(vi) Principle of safety: All measures shall be taken to
ensure that the child is safe and is not subjected to any
harm, abuse or maltreatment while in contact with the
care and protection system, and thereafter.
(vii) Positive measures: All resources are to be
mobilised including those of family and community, for
promoting the well-being, facilitating development of
identity and providing an inclusive and enabling
environment, to reduce vulnerabilities of children and
the need for intervention under this Act.
(viii) Principle of non-stigmatising semantics:
Adversarial or accusatory words are not to be used in
the processes pertaining to a child.
(ix) Principle of non-waiver of rights: No waiver of any
of the right of the child is permissible or valid, whether
sought by the child or person acting on behalf of the
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
6/10child, or a Board or a Committee and any non-exercise
of a fundamental right shall not amount to waiver.
(x) Principle of equality and non-discrimination: There
shall be no discrimination against a child on any
grounds including sex, caste, ethnicity, place of birth,
disability and equality of access, opportunity and
treatment shall be provided to every child.
(xi) Principle of right to privacy and confidentiality:
Every child shall have a right to protection of his
privacy and confidentiality, by all means and
throughout the judicial process.
(xii) Principle of institutionalisation as a measure of
last resort: A child shall be placed in institutional care
as a step of last resort after making a reasonable
inquiry.
(xiii) Principle of repatriation and restoration: Every
child in the juvenile justice system shall have the right
to be re-united with his family at the earliest and to be
restored to the same socio-economic and cultural
status that he was in, before coming under the purview
of this Act, unless such restoration and repatriation is
not in his best interest.
(xiv) Principle of fresh start: All past records of any
child under the Juvenile Justice system should be
erased except in special circumstances..
(xv) Principle of diversion: Measures for dealing with
children in conflict with law without resorting to
judicial proceedings shall be promoted unless it is in
the best interest of the child or the society as a whole.
(xvi) Principles of natural justice: Basic procedural
standards of fairness shall be adhered to, including the
right to a fair hearing, rule against bias and the right
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
7/10to review, by all persons or bodies, acting in a judicial
capacity under this Act.”
10. Section 12 of the Juvenile Justice (Care &
Protection of Children) Act, 2015 reads as follows:-
“12. Bail to a person who is apparently a child
alleged to be in conflict with law. (1) When any
person, who is apparently a child and is alleged to
have committed a abailable or non-bailable offence, is
apprehended or detained by the police or appears or
brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail with
or without surety or placed under the supervision of a
probation officer or under the care of any fit person:
Provided that such person shall not be so
released if there appears reasonable grounds for
believing that the release is likely to bring that person
into association with any known criminal or expose the
said person to moral, physical or psychological danger
or the persons release would defeat the ends of justice,
and the Board shall record the reasons for denying the
bail and circumstances that led to such a decision.
(2) When such person having been apprehended
is not released on bail under sub-section (1) by the
officer-in-charge of the police station, such officer
shall cause the person to be kept only in an observationhome 1[or a place of safety, as the case may be] in
such manner as may be prescribed until the person can
be brought before a Board.
(3) When such person is not released on bail
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
8/10under sub-section (1) by the Board, it shall make an
order sending him to an observation home or a place
of safety, as the case may be, for such period during
the pendency of the inquiry regarding the person, as
may be specified in the order.
(4) When a child in conflict with law is unable
to fulfil the conditions of bail order within seven days
of the bail order, such child shall be produced before
the Board for modification of the conditions of bail.”
11. This Court is of the view that the provision of
Section 12 of the said Act relating to bail shall be taken into
consideration, notwithstanding anything contained in the Code
of Criminal Procedure, in the touchstone of the principle of
presumption of innocence of the child. Thus, granting bail to a
child in conflict with law is the rule and refusal is an exception.
12. This Court finds that in the case of Lalu Kumar @
Lal Babu @ Lallu vs The State of Bihar reported in 2019 (4) PLJR
833, the Court has held that the gravity and nature of the offence
are immaterial for consideration of bail under the Act of 2015
and general principles as stated under Section 3 of the Act of
2015 have to be followed.
13. Having heard the submissions made by the
learned counsel for the parties and having perused the materials
available on record as also considering the undertaking filed by
the uncle of the appellant coupled with the fact that the parents
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
9/10
of the appellant accused having been granted bail by this Court
coupled with the fact that the present case is not covered by the
proviso of Section 12 of the J.J. Act, it appears that the order
dated 27.08.2024 is not justified in law.
14. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
15. Accordingly, the appeal is allowed and order dated
-27.08.2024 passed by learned Additional Sessions Judge-I-
cum-Special Judge, Juvenile Court, Begusarai, is hereby set
aside.
16. Let the appellant be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with J.J.C.P. Case No. 09
of 2023, arising out of Cheria Bariyarpur P.S. Case No. 252 of
2023, subject to following subject to the following conditions:
(i) The first bailor must be the uncle of the appellant.
(ii) The second bailor would be the recognized
member of the Panchayat or the reputed person of the village.
(iii) The appellant shall remain present before the
appellate court as well as the J.J. Board as and when required.
Patna High Court CR. APP (SJ) No.145 of 2025(5) dt.17-01-2025
10/10
(iv) The Probation Officer of the district shall submit
Social Investigation Report (S.I.R.) from time to time before the
concerned court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
[ad_1]
Source link