IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54636 of 2007 MD. SOHRAB ALI @ SOHRAB ALAM Versus STATE OF BIHAR ----------- 3 7.7.2008 Petitioner being aggrieved by the order passed by the Additional Sessions Judge, Fast Track Court II, Bhojpur, Arrah dated 10.10.2007 has filed this application asking for a direction from this Court to hold an enquiry under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Shorn of all the facts regarding the allegations in the First Information Report, the petitioner’s case is that his date of birth is 10.12.1994 and he would be granted protection under the Juvenile Act. The submission of the petitioner is that the age of the petitioner should be determined by the Juvenile Board under Section 49 by holding an enquiry. However, before sending the matter to the Juvenile Board to hold an enquiry under Section 49, it would be proper that a Medical Board is constituted and the age of the petitioner is determined by the Medical Board. I accordingly direct that a Medical Board consisting of three doctors should be constituted within one week from the date of receipt of this order by the Court below. The petitioner is in Arrah jail. The jail Superintendent of Arrah should produce the petitioner before the Civil Surgeon-Cum-Chief Medical Officer on the date so notified by him. The Civil Surgeon-Cum-Chief Medical Officer and the Superintendent of Jail should be issued a copy of this order by the 2 Additional Sessions Judge, Fast Track Court II, Arrah. After the report of the Medical Board is available before the Court, the petitioner is so advised to file a fresh application for holding an enquiry under Section 49 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner may deposit the cost of FAX to communicate this order to the Court concerned. This application is disposed off with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)