Case Facts:
Patna High Court Cr.Misc. No.3112 of 2012 (3) dt.27-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3112 of 2012 ====================================================== 1. Rahul Kumar Yadav S/O Damodar Yadav R/O Village Bahurba, P.S. Manigachhi, Distt-Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kumar Sinha For the State : Mr. Binod Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 27-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed of on admission stage itself. Petitioner was made accused in Manigachhi P.S. Case No. 127 of 2011 registered under [STATUTE] and while his case was pending before the learned Chief Judicial Magistrate, Darbhanga for commitment, he claimed himself to be juvenile and in support of his juvenility, filed a horoscope. The learned Chief Judicial Magistrate, Darbhanga by a well discussed order dated 13.10.2011 rejected the prayer of the petitioner holding that petitioner wants to delay the process of Patna High Court Cr.Misc. No.3112 of 2012 (3) dt.27-04-2012 commitment proceeding. After passing of order dated 13.10.2011 by learned Chief Judicial Magistrate, Darbhanga, the case was committed to the court of Sessions and the petitioner again filed a petition before the learned Fast Track Court-I, Darbhanga in Sessions Trial No. 441 of 2011 claiming himself to be juvenile but the learned Fast Track Court-I, Darbhanga rejected the aforesaid petition holding that petitioner ought to have filed criminal appeal against the order of learned Chief Judicial Magistrate, Darbhanga. The contention on behalf of the petitioner is that no doubt, petitioner committed an error in not filing criminal appeal against the order of learned Chief Judicial Magistrate, Darbhanga but when the petitioner claimed himself to be juvenile, an enquiry ought to have been conducted by the learned Chief Judicial Magistrate, Darbhanga and the learned Chief Judicial Magistrate, Darbhanga committed an error rejecting the prayer of the petitioner only on the ground that petitioner wanted to delay the process of commitment proceeding. It is further contended by him that learned Fast Track Court-I, Darbhanga may be directed by this Court to conduct a preliminary enquiry and if the petitioner appears to be juvenile, his case should be sent to Juvenile Justice Board in accordance with law. In view of the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.3112 of 2012 (3) dt.27-04-2012 well as submissions of the parties, this petition stands disposed of with direction to the learned Fast Track Court-I, Darbhanga in connection with Sessions Trial No. 441 of 2011 to conduct a preliminary enquiry in respect of claim of juvenility of the petitioner and if prima facie appears that petitioner is juvenile, then the learned Fast Track Court-I, Darbhanga should take steps in accordance with law. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.