IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44037 of 2008 Animesh Kumar, Son of Umesh Chandra Singh, Resident of Village Bangama, PO Ranga, PS Belhar, District Banka ---- Petitioner Versus State Of Bihar ---- Opposite Party For the petitioner : Ms. Juli Kumari, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 28.7.2011 This application is being remanded back to the Court of the Judicial Magistrate, 1st Class, Munger after quashing the order framing charges against the petitioner who is the Devar of the complainant on the ground that on the date of occurrence he was 10 years old and, therefore, protected under Section 83 of the Indian Penal Code. In order to support the submission aforesaid, learned counsel for the petitioner has drawn this Court’s attention to the PAN Card of the petitioner which indicates his date of birth as 5.2.1981. The petitioner would be required to produce the matriculation certificate if any, to substantiate this fact or if the petitioner is working at present as a government employee, his date of birth as shown in the government job. Counsel for the petitioner is directed to produce a copy of this order before the 2 Judicial Magistrate, 1st Class, Munger in Case No. 347 ‘C’ of 2004 within a period of one month from the date of receipt of a copy of this order. The Court below will dispose of the application within a period of three months from the date of production of a copy of this order by the petitioner. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)