PATNA, India, Feb. 28 -- Patna High Court issued the following judgment on Jan. 29:

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

02. The instant revision petition has been filed for setting aside the Judgment/Order dated 22.01.2025 passed in Criminal Appeal No. 28 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge (Children Court) Madhepura whereby and whereunder the learned Special Judge (Children Court) Madhepura dismissed the appeal of the petitioner and also to set aside the order dated 30.09.2024 passed by the Juvenile Justice Board, Madhepura rejecting the prayer of the petitioner for bail in connection with J.J.B. Case No. 114 of 2024 arising out of Madhepura Mahila PS Case No. 34 of 2024 for the offences under Section 126(2), 115(2), 65(1), 352 of the BNS and Section 4/8 of the POCSO Act.

03. Briefly stated facts of the case leading to the institution of the present petition is that the opposite party no. 2 lodged a case vide Madhepura Mahila P.S. Case No. 34 of 2024 under Section 126(2), 115(2), 65(1), 352 of the BNS and Section 4/8 of the POCSO Act with allegation that 6 months ago in a field the informant and petitioner met and the petitioner made physical relation with her. The petitioner continued making relations with her and when she told the petitioner to marry, he abused and assaulted her and refused to marry. When she became pregnant, the petitioner again abused and assaulted her and in panchayati the petitioner and his family members refused to solemnize marriage with the opposite party no. 2. The petitioner/child in conflict with law (in short 'CICL') was taken in custody on 02.08.2024. The CICL moved before the learned Juvenile Justice Board, Madhepura for grant of bail but his prayer was rejected and his petition for bail was dismissed vide order dated 30.09.2024. The CICL preferred an appeal which also came to be dismissed vide order dated 22.01.2025 passed by the learned Additional Sessions Judge-I-cum Special Judge (Children's Court) Madhepura. The CICL approached this Court impugning the aforesaid two orders.

04. Learned counsel for the petitioner submits that the petitioner is falsely implicated in this case due to ill motive of the victim and village politics. The FIR has been lodged after much delay for which there is no satisfactory explanation. The petitioner was declared juvenile on 21.08.2024 by the JJB, Madhepura and the age of the petitioner was 15 years 06 months and 30 days on the date of occurrence and has got no criminal antecedent. The age of the victim is about 13 years. Learned counsel further submits that the orders of the learned Courts below are bad in the eye of law as well as on facts. The Courts have not considered about false implication of the CICL and the fact that he has been deprived of care and protection of his family by placing him in custody. There is no possibility of petitioner doing any harm to the victim or any of the witnesses.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NyM1MDUjMjAyNSMxI04=-gZ--ak1--g--am1--5peMA8=)

Disclaimer: Curated by HT Syndication.