IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.6749 OF 2008 1. DARO @ DARVESHAR KR.MANDAL @ DARVESHAR KUMAR, SON OF LATE FALO MANDAL @ FALDAR MANDAL 2. LALAN MANDAL, SON OF BHUNESHWAR MANDAL BOTH RESIDENT OF VILLAGE REWTA, POLICE STATION CHANAN, DISTRICT LAKHISARAI ……………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. DWARIKA MAHTO, SON OF LATE GIRDHARI MAHTO, RESIDENT OF VILLAGE REWTA, POLICE STATION CHANAN, DISTRICT LAKHISARAI …………………………………………………………..OPPOSITE PARTIES ********* 5 31/07/2009 Heard learned Counsel for the petitioner and the Counsel appearing on behalf of the State. This application has been filed against the order dated 05.12.2007 passed by the Additional Sessions Judge, Fast Track Court No. IV, Lakhisarai in Sessions Case No. 359 of 1997 whereby the Court below has rejected the application of the petitioners to be treated as minors in this case. By order dated 15.04.2009, this Court had directed Mr. Lalit Kishore, AAG III appearing on behalf of the Bihar Secondary Examination Board to verify the matriculation certificate produced on behalf of the petitioner no. 1 showing his date of birth to be 11.09.1976. In letter no. 416 dated 04.07.2009 of the Bihar Secondary Examination Board, it has been stated that Darveshwar Kumar, son of Late Falo Mandal, roll - 2 - code 3231, roll no. 610 of the year 1992 `A’ is shown to be born on 11.09.1976. According to this certificate, it would make the petitioner no. 1 a minor on the date of the occurrence i.e. on 08.04.1991. With respect to the petitioner no. 2, since his claim is based on horoscope, I direct that the Additional Sessions Judge, Fast Track Court No. IV, Lakhisarai will constitute a medical board for the purpose of ascertaining his age and in fact the petitioner no. 1 should also be asked to face the medical board as well. If after the constitution of the medical board, it is found that the petitioners are minors, the matter may be disposed of according to the provisions of the Juvenile Justice Act. A photocopy of the letter no. 416 dated 04.07.2009 will be supplied by the JC to AAG III in course of the day to be kept on the records of this case. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )