IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44373 of 2008 Anil Kumar Rai, son of Uma Shankar Rai, resident of village Basaon Tola Nagri, P.S. Basantpur, district Siwan .. Petitioner Versus The State of Bihar .. Opposite Party **** /2/ 20.01.2009 Anil Kumar Rai, petitioner, is apprehending his arrest in connection with Basantpur P.S. Case No. 59 of 2008 registered for offence under Section 377 of the Indian Penal Code. In the bail application the defence of the petitioner is that he is a student of Class VIII and aged about thirteen years, as such, he is juvenile. Once this plea has been taken petitioner’s case can not be considered under the provisions of the Criminal Procedure Code. It is desirable that at the initial stage his juvenility be decided by the competent court holding an enquiry under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and order be passed in accordance with law. 2. Accordingly, this application is disposed off. On behalf of the petitioner application be filed before the competent Court for holding an enquiry to decide his 2 juvenility as provided under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and order be passed in accordance with law. 3. Accordingly, this application is disposed off. On behalf of the petitioner application be filed before the competent Court for holding an enquiry to decide his juvenility as provided under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Such application must be filed within eight weeks from today. 4. Till the date the juvenility of the petitioner is decided, no coercive action should be taken against him in connection with Basantpur P.S. Case No. 59 of 2008. S.A. ( Mridula Mishra, J. )