IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9883 of 2009 ALOK KUMAR, Son of Suresh Pd. Swarnkar, resident of village- Harnant Bichali Bazar, P.S.-Harnant, District-Nalanda …………………. Petitioner Versus THE STATE OF BIHAR ………………….. Opposite Party ----------- 2 08.05.2009 The petitioner is an accused of the offence under Section 376 of the I.P.C., the victim is a child of four years, the petitioner states that he has been falsely implicated and that on 27.11.2008 he was a minor of 16 years of age, in support thereof petitioner has filed a registration certificate granted by the Bihar School Examination Board, Patna and states that he had taken the matriculation examination in 2008 which mark sheet is not currently available but would also show the age certification showing his date of birth as 20th of October, 1992. In my view, this plea must first be taken before the Court below which first remanded the petitioner because in view of the provisions of the Juvenile Justice (Care and Protection of Children) Act and the Central Rules and the State Rules framed there under if on the basis of said certificate of the Bihar School Examination Board, Patna the petitioner is found to be a minor on the date of the 2 alleged offence then he could not be remanded or charged with such an offence and has to be treated as minor as provided under the Juvenile Justice (Care and Protection of Children) Act and the Rules framed there under. I therefore, direct the petitioner to immediately move before the Chief Judicial Magistrate, Nawadah with the specific application claming minority who would consider the same and dispose of the same and see too it that all the proceedings are then taken treating the petitioner as a minor, if found so. However, considering the allegation as well all that is alleged through a minor of four years that she was ravished by the petitioner. Medical opinion does not confirm the act. Parties are closely related with dispute about inheritance. It is submitted that there are strong reasons for false implication. In the facts and circumstances of the case, let petitioner, Alok Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in Hasua 3 P.S. Case No. 130 of 2008 and if later found to be a minor, he shall be treated accordingly. Bibhash (Navaniti Prasad Singh, J.)