IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30697 of 2009 SHAMBHU RAM @ SHYAM KUMAR RAM, Son of Dukhi Ram, resident of village-Ganauli, P.S.-Bettiah Muffasil, District-West Champaran, Bettiah. ...........Petitioner. Versus THE STATE OF BIHAR ...........Opp. Party. ----------- 2/ 08.09.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Bettiah Mufasil P.S. Case No. 111/2009 registered for offence under Section 376 of the Indian Penal Code. Petitioner claims to be a minor as such his application under Section 438(2) Cr. P.C. is not maintainable. He may go and file his application before the competent court for deciding his juvenility. The court concerned will inquire into the matter and in case the petitioner is found to be juvenile, the case against the petitioner will proceed in accordance with provisions of Juvenile Justice (Care and protection of Children) Act, 2000. This application is permitted to be withdrawn. Sanjeet/ (Mridula Mishra, J.)