IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40883 of 2008 MITHUN KUMAR ….. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY For the petitioner : - Sri Rudra Deo, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 23.10.2008 Heard Sri Rudra Deo, Advocate for the petitioner and Sri D. Mehta, Additional Public Prosecutor for the State. The petitioner has taken a plea of juvenility and as such this application is not maintainable as per Section 5 of the Code of Criminal Procedure. The question of juvenility could be raised before the appropriate authority, which could be holding an enquiry under Section 49 of the Juvenile Justice (Care & Protection of Children) Act, 2000. This application is, accordingly, disposed of, so that the petitioner could be agitating the point before the appropriate authority. DKS/ (Dharnidhar Jha, J)