Md. Arman @ Arman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4921 of 2025 In CRIMINAL REVISION No.995 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- FULKAHA District- Araria ====================================================== Md. Arman @ Arman Ansari S/O Mahuddin @ Majuddin Ansari R/o vill - Milki Dumariya, ward no. 7, P.s.- Fulkaha, Distt.- Araria, Under Guardianship of Mother Amina Khatun, W/o Majuddin @ Majuddin Ansari, R/o vill - Milki Dumariya, ward no. 7, P.s.- Fulkaha, Distt.- Araria ... ... Appellant/s

Versus

1.

The State of Bihar 2.

XXX D/o XXX R/o vill - Milki Dumariya, ward no. 9, P.S.- Fulkaha, Distt.- Araria ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Kishore Bharti, Advocate For the Respondent/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-02-2026 Heard learned counsel for the appellant and learned APP for the State.

2. The present application has been filed on behalf of the appellant

3. As per the prosecution case, the appellant along with others is alleged of committing gang rape.

4. Learned counsel for the appellant has submitted that the petitioner 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

Patna High Court CR. APP (SJ) No.4921 of 2025(3) dt.02-02-2026 2/2 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 12.02.2025 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 A.P.P. for the State has opposed the prayer of the appellant on the ground that the appellant along with others has committed gang rape.

8. Considering the allegations and the fact that the appellant has already fallen in bad company, this Court is not inclined to grant bail to the appellant.

9. Accordingly, this application is dismissed. (Sandeep Kumar, J) tusharika/- U T