Patna High Court grants bail to juvenile in murder case, stresses reform over punishment [Read Judgment]

Bihar: The Patna High Court has delivered a landmark judgment emphasizing the reformative nature of juvenile justice while granting bail to a juvenile accused in a murder case. The court highlighted that institutionalization should be the last resort for children in conflict with the law.

Justice Jitendra Kumar made significant observations while hearing a criminal revision petition challenging orders that had rejected bail for the juvenile petitioner.

Patna High Court Ruling: Juvenile Justice and Bail Under Section 12

The court addressed Criminal Revision No. 617 of 2024, filed by Biswajit Kumar Pandey @ Lalu Kumar against the orders of the Juvenile Justice Board and the Special Children Court, which had denied him bail in a case involving charges under Section 302 IPC (murder) and other provisions.

The court noted that Section 12 of the Juvenile Justice Act makes bail mandatory for juveniles unless specific grounds for denial exist, stating, “Section 12 of the Act overrides the bail provisions contained in the Criminal Procedure Act, 1973, or any other law for the time being in force.”

Reformative Justice in India: HC Grants Bail to Juvenile in Murder Case

Emphasizing the reformative approach, the court observed, “No society can afford to punish its children. A punitive approach towards children in conflict with the law would be self-destructive for society.”

The court underscored that the family is the best institution for rehabilitation, noting, “Who can think and act better than the parents of the child when it comes to the welfare of the child?”

In its directive, the court ordered the release of the petitioner on bail, subject to a bond of Rs. 10,000 furnished by his father, with the additional condition that the father must submit an affidavit ensuring the child does not associate with criminals and continues his studies.

The court rejected the lower courts’ concerns about the juvenile potentially associating with criminals upon release, pointing out that the Social Investigation Report showed the petitioner had no criminal antecedents and maintained cordial relationships with his educated family members.

Mr. Rabindra Prasad Singh appeared for the petitioner, while Mr. Chandra Sen Prasad Singh, APP, represented the State of Bihar.

Case Title: Biswajit Kumar Pandey @ Lalu Kumar vs. The State of Bihar

 [Read Judgment]