IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.411 of 2009 RITA DEVI ------------ PETITIONER Versus 1. THE STATE OF BIHAR 2. PAPPU YADAV SON OF UPENDER YADAV ---------- OPPOSITE PARTIES ----------- 3 27.8.2009 Heard learned counsel for the petitioner and the State. This Criminal Revision application is directed against the order dated 9.1.2009 passed by Principal Juvenile Board, Bhagalpur in G.R.No.691/04/S.T.231/06 by which the court below observed that at the time of occurrence the opposite party no.2 was under 18 years of age and has declared him as juvenile. In the case the parties are much interested to get decided the age of the accused-opposite party no.2, if he was juvenile or not. For the last occasion an order of the High Court dated 3.12.2008 is passed in Cr.Misc.No. 449 of 2009 making a direction to comply the rules made under Juvenile Justice (Care & Protection of Children) Act, 2000 by taking into consideration the school leaving certificate and the report of medical board - 2 - filed in the case. In a certificate, which was filed on behalf of opposite party no.2, his age was shown as 20.12.1989 and in its conformity the medical board assessed his age above 19 years after examining him on 28.2.2007. Doubt is cast on the report of medical board but without any substance. About the certificate it is said that it was not a certificate issued from the school which the opposite party no.2 had first attended. The impugned order remains unaffected if the certificate age is accepted or rejected as Rule 12 of the Juvenile Justice Act provides about medical board in absence of matriculation or equivalent certificate, certificate from the school first attendant and birth certificate given by a Corporation or Municipal Authority or a Panchayat. Matriculation certificate and birth certificate from the Corporation or Municipal authority or Panchayat and the birth certificate from school if is disbelieved then the medical board was to be constituted that has rightly been done and accepted. Thus I find no illegality committed by the Medical Board in assessing the age of - 3 - opposite party no.2 below 18 years as juvenile at the time of occurrence. No interference is required in the order dated 9.1.2009 passed by the Principal Juvenile Board. This criminal revision stands dismissed at the admission stage. (Mandhata Singh,J.) AI