IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.806 of 2008 MINTAR DEVI Versus THE STATE OF BIHAR & ANR ----------- 4 31.3.2009 The petitioner, who is the complainant of Complaint Case No.591(C)/07, is aggrieved by order dated 18.7.2008, passed by the Sessions Judge, Patna in Cr.Appeal No.282 of 2008, by which he set aside the order dated 18.6.2008 passed by the Principal Judge, Juvenile Justice Board and also declared the Opposite party no.1 to be juvenile. The Opposite party is brother-in-law of the complainant in a case under section 498A of the Penal Code. The occurrence is of the year 2003. The Medical Board which was constituted by the order of the Juvenile Justice Board, Patna had submitted its report dated 23.11.2007 showing the age of accused Sanjay Kumar @ Sanjay Prasad as 20-22 years. In other words, he would be around 16-18 years on the date of occurrence. The Juvenile Board, however, assessed his age to be around 26 years in view of his physical appearance. This leads his age to be around 21 years on the date of occurrence. Taking into totality of the circumstances, he held that the age of the accused would be 19 years on the date of occurrence. The learned Sessions Judge held that the accused on the date of occurrence would be below 18 years. Both the courts rightly did not accept the school certificate of the accused as it was of Class VIII. Learned counsel for the Opposite party submits that the 2 KHAN learned Sessions Judge after allowing liberty of one year on either side, came to the conclusion that the accused would not be major and as such he remitted the matter afresh to the Juvenile Justice Board for fresh consideration. Having heard counsel for the parties, this court is of the view that the Juvenile Justice Board would once again determine the age of the accused in accordance with law. It will be open to the Juvenile Justice Board to take any other fresh evidence as may be necessary. As the issue of juvenility would be still under consideration, no coercive steps would be taken against the accused Sanjay Kumar @ Sanjay Prasad, till the decision of the Board. With the aforesaid observations and directions, this revision application stands disposed of. (S.P.Singh,J)