IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1514 of 2009 DIPU KUMAR Versus THE STATE OF BIHAR ----------- 6. 22/12/2009 Heard both sides. Kidnapping of Manish Raj was reported for which Beur P.S. Case No. 196 of 2008 lodged, but subsequently, Sections 302, 211 and 34 of the Indian Penal Code was added after recovery of the dead-body. Petitioner has been decided Juvenile by Juvenile Justice Board, that is not challenged anywhere. Legality of the order of rejection by Juvenile Justice Board, which is confirmed in appeal, is challenged on the ground of non- consideration of Section 12 of Juvenile Justice (Care & Protection of Children) Rules 2003. There can be no dispute that Section 12 if is considered, then nature of the offence cannot be made the sole ground for refusal of bail to a Juvenile in conflict with law. What can be taken into consideration that is reasonable ground for believing that release of the Juvenile is lacking to bring him into association with any known criminal or expose him to morale, physical or psychological danger or that his release would defeat the ends of Justice. One of the grounds is taken into consideration that the release would bring the petitioner into the association of known criminals. This much observation is made by the Sessions Judge in Appeal in Paragraph-8 which 2 appeared in continuation of submission made under Paragraph-6 of the Judgment in which there is mentioned that this appellant and other accused made the confession leading to recovery of School dress, School diary and dead-body, though, it is pointed out that one of them is not Juvenile, so he may be criminal or non-criminal. For rest, it is said that they are Juvenile may never be designated as criminals rather had Juvenile in conflict with law. No doubt, there is further mention of commitment of the offence in Planned manner, it appears also like matured Criminal. The manner in which the offence is committed with confidence of School boy, if may defeat the ends of Justice followed by chance of exposure to morale, physical and Psychological danger if is also not considered. So, in my view, while deciding the bail on behalf of a Juvenile, all the three grounds should be taken into consideration, if applicable, then only refusal can be recorded which is lacking in this case. Thus, the conclusion reached by the Juvenile Justice Board as well as the Appellate Court is not liable to be sustained. So, allowing the revision petition, same are set aside. The case is sent back to the Juvenile Justice Board to decide afresh in accordance with law in the light of the observations as made above. S.Ali (Mandhata Singh, J.)