IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.123 of 2008 PRABHASH RANJAN @ NIKU KUMAR Versus THE STATE OF BIHAR ----------- FOR THE PETITIONER; M/S AJAY KUAMR THAKUR AND DUDH NATH SINGH FOR THE STATE; MR. GANESH PRASAD JAISWAL. ------- 2 26.11.2008 This revision has been preferred against the order dated 1.11.2007 passed by the Additional Sessions Judge, Fast Track Court No. III, Vaishali at Hajipur in Criminal Appeal No.15/99 filed under Section 52 of Juvenile Justice Act, 1996 thereby and thereunder the order of the learned Chief judicial Magistrate dated 18.2.1999 passed in Mahnar P.S. case No. 101/98 rejecting the prayer of the petitioner to declare him to be juvenile has been affirmed. Heard learned counsel for the parties. The contention of learned counsel for the petitioner is that according to the medical board as well as the school certificate the age of the petitioner on the alleged date of occurrence i.e. 13.8.1998 was less than sixteen years but in spite of that both the courts below have refused to declare this petitioner as juvenile without following proper inquiry as envisaged under the Act. In support of it, the petitioner has filed photo copy of the certificate of the Head Master of Government High School, Basudeopur Chandel as well as the report of the Medical Board as annexures 1 and 2. Considered the submission of learned counsel for the petitioner. Perused the annexures including the report of the Medical - 2 - Board and the letter of the Head Master. According to the admission register of the school, the date of birth of this petitioner is 3.3.1983. According to the Medical Board also on the date of examination i.e. 12.12.1998 the age of the petitioner was in between 16 to 17 years. If the margin of one year is given in favour of the petitioner it comes to 15 to 16 years. Thus, prima facie it appears that on the alleged date of occurrence the age of the petitioner was less than 16 years. In view of above, the orders of both the courts below are hereby set aside. The court below is directed to remit the matter to the court of Juvenile Justice Board for inquiry with regard to juvenility of the petitioner in accordance with law. The matter must be decided within three months of receipt of this order by the Juvenile Justice Board. B.Jha (Ghanshyam Prasad)