IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.262 of 2009 DEO DUTTA JHA @ KANAK JHA through his Natural Guardian i.e. the father namely Sri Amar Nath Jha, son of Sri Radha Kant Jha, resident of village – Danialpur Gaura-3, P.S. Teghra, District – Begusarai. ………….. Petitioner Versus THE STATE OF BIHAR ………………….. Opp. Party ----------- 2 20.02.2009 Heard learned counsel for the petitioner and the State. This revision is directed against the order dated 7.2.2009 passed by learned Additional Sessions Judge-cum-FTC-I, Begusarai, in Criminal Appeal No. 02 of 2009 whereby he confirmed the order dated 20.12.2008 passed by the C.J.M., Begusarai in Begusarai Mufassil P.S. Case No. 231 of 2008. Learned counsel for the petitioner submits that as per the matriculation certificate he would be a juvenile on the date of occurrence. He further submits that as per the admission register of the school which he first attended, the petitioner would appear to be a Juvenile. He further submits that in such a situation the learned C.J.M ought not to have taken the opinion of Medical Board in view of Rule 12 of 2007 Rules. Learned counsel for the opposite party submits that the school certificate does not inspire confidence as the father of the petitioner was the Headmaster at the relevant time. Juvenile Justice Board has been constituted in the district of Begusarai. Learned counsel for the State further submits that the petitioner has appeared in examination conducted by the Sanskrit Board also as a regular student. - 2 - Both the counsels submit that juvenile board has been constituted in the District of Begusarai. In this view of the matter, this Court sets aside the order passed by the court below and remits back the matter to the juvenile board to consider the same in accordance with law. It will be open to the parties to adduce evidence in support of their contention. The enquiry must be concluded within two months from the date of receipt/ service of a copy of this order. Kundan (Samarendra Pratap Singh, J.)