Ravi Kant Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.439 of 2025 Arising Out of PS. Case No.-410 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Ravi Kant Kumar @ Ravi Kumar S/o- Awadhesh Singh through his Representative Awadhesh Singh, R/o- Champapur Ps- Bakhtiyarpur DistPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari D/o- Suresh Singh Village- Champapur Ps- Bakhtiyarpur Dist- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar No. I For the Respondent/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 26-06-2025 This is an application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 praying for bail of a juvenile, whose prayer for bail was rejected by the learned Special Judge, Children Court at Patna on 15.04.2025 in Cr. Appeal No. 24 of 2025 arising out of Bakhtiyarpur P.S. Case No.120 of 2023 for the offence punishable under Section 341, 323, 376(3), 376(D), 379, 504, 506 of the Indian Penal Code and under Section 4 & 8 of the POCSO Act.

2. The petitioner was on juvenile aged about 17 years 03 months 15 days on the date of the alleged offence but his prayer for bail was rejected by both the Juvenile Justice Board,

Patna High Court CR. REV. No.439 of 2025(5) dt.26-06-2025 2/3 Patna as well as the learned Special Judge, Patna on the ground that if bail is granted to the juvenile there is every possibility of his mixing up with the known criminals of the locality. Moreover, the Appellate Court found that the nature of offence is too heinous to grant bail to the petitioner.

3. Surprisingly enough, the case diary was produced before the Court of Appeal at the time of hearing of Cr. Appeal No.24 of 2025. In the case diary there was medical examination report of the victim. The medical examination report of the victim clearly suggests that there was no sexual assault upon the victim on the date and time of occurrence.

4. In view of such expert opinion, a juvenile cannot be kept in custody on the ground that he has been implicated in a heinous offence. Accordingly, the prayer for bail is granted.

5. In the present facts and circumstances of this case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) to the satisfaction of learned Juvenile Justice Board, Patna City, in connection with J.J.B. Case No.307 of 2024 arising out of Bakhtiyarpur P.S. Case No.410 of 2023, subject to the following conditions :- (i) One of whom, must be the father of the petitioner,

Patna High Court CR. REV. No.439 of 2025(5) dt.26-06-2025 3/3 (ii) If on bail the petitioner will be under the supervision of the Probation Officer till the disposal of the case and the Probation Officer shall submit quarterly report with regard to the antecedent of the petitioner before the Children's Court. If the Children Courts find any adverse report against the petitioner his prayer for bail shall be rejected with further reference to this Court.

(Bibek Chaudhuri, J) mdrashid/- U T