IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38172 of 2009 1. RUPDEO RAM S/O CHUTHAN RAM 2. RAM SWARUP RAM S/O OF CHUTHAN RAM 3. LAXMAN RAM, S/O CHUTHAN RAM 4. RAMCHANDRA RAM S/O CHUTHAN RAM ALL RESIDENT OF VILLAGE-JIWA BIGHA, P.S. AMBA, DISTT. AURANGABAD. 5. MANOJ RAM S/O SARYU RAM 6. SUMATIA DEVI W/O SARYU RAM BOTH RESIDENT OF VILLAGE-BANIYA, P.S. MALI, DISTT. AURANGABAD. 7. SURESH RAM, S/O SURAJPAT RAM, R/O VILLAGE- SIMRA, P.S. MALI DISTT. AURANGABAD. Versus THE STATE OF BIHAR ----------- 2. 7/11/2009 Heard counsel for the petitioners and counsel appearing on behalf of the State. The petitioners have challenged the order dated 11.6.2009 by which they have been asked to face trial under Section 319 of the Criminal Procedure Code. As far as petitioner No. 5 is concerned a point has been raised that at the time of occurrence, he was aged about 9-10 years and it is apparent that he has wrongly been named in this case as he was juvenile at the time of occurrence. I, therefore, direct that the court below may satisfy itself with respect to the age of petitioner No. 5 and for this purpose, if the court finds it necessary to assess the age, a Medical Board should be constituted. In case the Medical Board is constituted for assessing the age of petitioner No. 5, I direct the Civil Sergeon-Cum-Chief Medical Officer, Aurangabad to submit a report within one month from the 2 date of receiving of the order of the trial court. This application is disposed of with the aforesaid observations. S.Ali (Sheema Ali Khan, J.)