IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1286 of 2009 Manish Kumar, son of Sri Mithilesh Singh, resident of Rani Sarai, P.S.-Bakhtiyarpur, District- Patna. …….Petitioner Versus State Of Bihar. ………Opposite Party. ----------- 3. 22.09.2011 The learned counsel for the petitioner seeks permission to amend the prayer in paragraph no.1 and in the prayer portion. The prayer is allowed. The accused-petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 9.06.2009 passed by the learned Additional Sessions Judge, I, Barh in S.T.No.1085/2007 arising out of Bakhtiyarpur P.S. Case No.166/2004 by which his prayer to declare him a juvenile has been rejected. Heard Mr. Dhananjay Kumar, the learned counsel for the petitioner and Mr. Ram Chandra Singh, the learned A.P.P. for the State. The main grievance of the learned counsel for the petitioner is that the learned Additional Sessions Judge has not inquired into the matter of juvenility of the petitioner in accordance with law. He has not properly considered the 2 documents filed before him. The learned counsel for the State submits that the matter requires re-enquiry by the learned Additional Sessions Judge where the case is pending and the learned Additional Sessions Judge has also power under Section 7-A of the Act to enquire into the matter. After hearing the learned counsel for both the parties and on perusal of the impugned order, it appears that the proper inquiry has not bee made in accordance with Juvenile Justice (Care and Protection of Children) Rules, 2007. Under Rule 12 of the Rules, 2007, procedure has been made to follow in determination of age and this Rule has not been properly followed and as such, it requires interference by this Court. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be sustained and the same is set aside. The case is remanded to the learned trial court to make a fresh inquiry in accordance with law. The petitioner will be at liberty to place all the materials before the court for the determination of juvenility. In the result, this petition is allowed. V.K. Pandey ( Amaresh Kumar Lal, J.)