Ramesh Chaupal @ Ramesh Kumar Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3391 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== Ramesh Chaupal @ Ramesh Kumar Chaupal Son of Ram Bilash Chaupal @ Ram Bilas Khatbe Resident of Village- Gadhiya Dakahi PS- Andhramath District- Madhubani Under guardianship of his father namely Rambilash Chaupal @ Ram Bilas Khatbe age 49 years Male, Son of Chedi Lal Khatbe, Resident of Village- Gadhiya Dakahi, Ps- Andhramath, Dist- Madhubani ... ... Appellant/s

Versus

1.

The State of Bihar 2.

X Daughter of Hareram Chaupal Resident of Village- Gadhiya Ward no. 3 , Ps- Andhramath, Dist- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gagandeo Yadav, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Respondent/s :

Mr. Ramchandra Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2025 Heard the parties.

2. The present application has been filed against the order dated 16.07.2025 passed by the learned Additional Sessions Judge-1st-cum-Children Judge, Madhubani in connection with E.N. No. 1553 of 2025, C.I.S. No. 24 of 2025 arising out of Andhramath P.S. Case No. 150 of 2024 registered under Section 70(2) of the B.N.S., 2023 and Section 4/6 of the POCSO Act by which the prayer for bail of the appellant has been rejected.

3. As per the prosecution case, the appellant is accused of committing rape upon the victim.

4. Learned counsel for the appellant has submitted

Patna High Court CR. APP (SJ) No.3391 of 2025(3) dt.01-11-2025 2/3 that the appellant has been held to be juvenile and on the date of 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 22.01.2025 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 appellant 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 order dated 16.07.2025 passed by the learned Additional Sessions Judge-1st-cum-Children Judge, Madhubani in connection with E.N. No. 1553 of 2025, C.I.S. No. 24 of

Patna High Court CR. APP (SJ) No.3391 of 2025(3) dt.01-11-2025 3/3 2025 arising out of Andhramath P.S. Case No. 150 of 2024 is hereby set aside.

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 Additional Sessions Judge-1st-cum-Children Judge, Madhubani/concerned Court below in connection with Andhramath P.S. Case No. 150 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) Neha/- U T