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Title- XX Vs The State Of Bihar

Decided on- 21/12/2023

+CR.APP(SJ)No.4143/2023

CORAM-HON’BLE JUSTICE CHANDRA SHEKAR JHA 

FACT

As per the facts of the case the appellant was about 16 years of age and name of the Accused-Appellant -CCL named in the FIR and is in observation home since 10/4/2023.As the allegation against the appellant is to commit rape/penetration sexual assault upon the informant who claims her age 17 years.Where the learned council on behalf of appellant that the false implications was made raised by the informant as the present implication is only with a view to create a pressure to solemnize the marriage and also state that the father of the Juvinile-appellant is ready to stand as surety and he will take care of the appellant and ensure that he would not fall in bad company and take possible care to connect him with the mainstream of the society.Whereas the learned council for App opposing the prayer for bail.

Law Involved/Legal Provisions

As the present appeal has been filed against the order passed by learned 1st Additional Sessions-Judge-cum-Special Judge in special case (Child) where the learned court has refused to enlarge the appellant on bail for the offences punishable under section 376,504/34 of IPC & Section 4 of the POCSO Act.

Issue raised

Whether the order passed by the trial court for punishable under section 376,504/34 of IPC and Section 4 of the POCso Act is valid? 

THE COURT ANALYSIS AND DECISION

As per the Hon’ble court after hearing both the parties states that the appellant has been Adjudged Juvenile aged about 16 year and 5 month and father is ready to stand as surety and undertaking that if Appellant is released on bail he will take care of the appellant and does not fall in bad company but if the appellant indulged in any unlawful act will inform it to the jurisdictional police station following the spirit of section 12 of the Juvinile justice.The Hon’ble court state that classification the offences under the bailable and non-bailable sections would not be relevant for the purpose of grant of bail to a Juvenile and the prayer for a bail may be rejected only under one of the three conditions.The court considered that the impunged order passed by the court below is not in consonance with the aims and objectives of the Act.Accordingly the order passed by the learned 1st Additional Sessions Judge-Cum-special Judge, case is hereby set aside and released on bail with two sureties.

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Written by- Prachee 

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