Md. Sahjad @ Md. Sajjad @ Md Shahjad @ Sajjad Safi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3016 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Md. Sahjad @ Md. Sajjad @ Md Shahjad @ Sajjad Safi S/O Md. Mokhtar @ Md. Mokhtar Safi Resident of Village- Simraha, ward No. 02, Buchay (Buday) Tola, P.S- Alauli, Distt.- Khagaria.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
Rabina Khatoon D/O Nathuni Safi R/O Village- Mohanpur, Ward No.05, P.S- Bakhri, Distt.- Beguarai.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sarbottam Kumar Sarkar For the Respondent/s :
Mr.Syed Ashfaque Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-10-2025 Heard the parties.
2. The present application has been filed on behalf of the appellant for quashing the order dated 10.06.2025 passed by the Sessions Judge, 1st -cum- Special Judge, NDPS Act and P.O. of Children Court, Begusarai in JJCP Case No. 05 of 2025 arising out of Bakhri P.S. Case No. 265 of 2024 registered for the offence under Sections 376, 420, 506, 504, 34 of the Indian Penal Code and under Section 3 and 4 of the D.P. Act.
3. As per the prosecution case, the appellant is accused of committing rape with the victim.
4. Learned counsel for the appeallant has submitted that the petitioner has been held to be juvenile and on the date of
Patna High Court CR. APP (SJ) No.3016 of 2025(2) dt.09-10-2025 2/3 occurrence he has been assessed to be less than eighteen years.
5. Learned counsel for the appellant further relies upon the provisions of the Section 3(i), (iv), (v) and (xiv) of the Juvenile Justice (Care and Protection of Children) Act, 2015. He also relies upon Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and has submitted that bail is a rule and denial of bail to a juvenile is an exception.
6. He further submits that though the appellant is a child in conflict with law but he has remained in jail since 18.02.2025 and the Court below has not considered the law with regard to the release of juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015.
7. Learned counsel for the appellant further submits that family members of the petitioner including the father of the appellant will take care of the appellant so that he may not do any further crime and he may not remain in the company of the criminals.
8. Considering the aforesaid facts, this application is allowed and the order dated 10.06.2025 passed by the Sessions Judge, 1st -cum- Special Judge, NDPS Act and P.O. of Children Court, Begusari in JJCP Case No. 05 of 2025 arising out of Bakhri P.S. Case No. 265 of 2024, is hereby set aside.
Patna High Court CR. APP (SJ) No.3016 of 2025(2) dt.09-10-2025 3/3
9. Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, NDPS Act and P.O. of Children Court, Begusarai in connection with JJCP Case No. 05 of 2025 arising out of Bakhri P.S. Case No. 265 of 2024 subject to the following conditions:- (i) that one of the bailors should be the father of the appellant.
(ii) that the father of the appellant shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the appellant on bail, he will take proper care of the appellant and will not allow him to fall into bad company.
(iii) The appellant will co-operate in the trial in the Children Court. He will appear personally or through his lawyer. Any default in the same will result in the cancellation of the bail bonds of the appellant.
(Sandeep Kumar, J) Vikas/- U