IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22332 of 2010 MUNNA KUMAR @ PRIYATAM BIHARI, S/o Baleshwar Prasad, R/o Village- Sarika, Police Station-Shekhpura and District-Shekhpura. Versus 1. THE STATE OF BIHAR. 2. Arun Kumar, S/o Baleshwar Prasad, R/o Mohalla Kharhpar, Police Station-Shekhpura and District-Shekhpura. ----------- 02. 10.03.2011 The petitioner is aggrieved with the order dated 11.05.2010 passed by the Additional Sessions Judge, F.T.C.-V, Sheikhpura in S.Tr. No. 414(A) of 2006 by which he has been pleased to constitute a Medical Board for assessing the age of the petitioner. It appears that the date of occurrence is 24.03.2006 and the petitioner filed a case for declaration as a juvenile on 02.12.2006 which was rejected by the Trial Court by order dated 22.12.2006. As against this order this petitioner moved this Court and the application was allowed by order dated 19.01.2008. However, the informant moved the Hon’ble Supreme Court and the Apex Court remanded the matter to the High Court by an order dated 19.02.2008. When the matter came up before the High Court, by an order dated 30.03.2009 this Court remanded the matter to the Trial Court. Learned counsel for the petitioner submits that under Rule 12(3B) of the Juvenile Justice Rules Medical Board shall be resorted to when the documents furnished on behalf of the accused are not sufficient. It is indeed 2 correct that it is only in absence of the documents mentioned therein that a Medical Board can be resorted to but in the present case when the matter has been remanded by the Supreme Court to the High Court and the High Court to the Trial Court the only option before the Trial Court is to conduct an inquiry to conclusively arrive at a finding on the point of juvenility. Under the circumstances, I am not inclined to interfere in the matter, the application is dismissed. Vikash/- (Anjana Prakash, J.)