IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32479 of 2008 NEELAM KUMARI @ PRAMILA Versus STATE OF BIHAR ----------- 3. 06.01.2009 Heard learned counsel for the petitioner and the state. Petitioner, Neelam Kumari @ Pramila has been named as accused in connection with Singhwara P.S. Case No. 81 of 2006 registered for the offence u/Ss 304B, 201/34 of the Indian Penal Code. In paragraph ‘7’ of the application, it has been stated that the petitioner is the minor unmarried sister- in-law of deceased, aged about 14 years. Considering this statement, it is required that her prayer for anticipatory bail u/S 438 of the Code of Criminal Procedure should not be considered rather there should be an inquiry by the concerned Magistrate regarding the juvenility of the petitioner u/S 14 of Juvenile Justice (Care & Protection of Children) Act, 2000. Considering the fact, prayer for grant of anticipatory bail on behalf of the petitioner, Neelam Kumari @ Pramila is dismissed without considering its merit. However, she will not be arrested till an inquiry regarding her juvenility is conducted by the concerned 2 Magistrate. In case it is found that she was a minor on the date of occurrence, the matter against her will proceed in accordance with the provisions of Juvenile justice (Care & Protection of Children) Act, 2000. If it is found that she was not minor, in that case, the petitioner will have liberty to move for grant of anticipatory bail. An application on behalf of the petitioner should be filed before the concerned court within six weeks from today and on filing of such application, the inquiry should be conducted in accordance with law as provided u/S 14 of Juvenile Justice (Care & Protection of Children) Act, 2000. AKV/ ( Mridula Mishra, J )