IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17696 of 2010 MALIK CHOUDHARY @ RAMESH CHOUDHARY SON OF RAMAYAN CHOUDHARY, RESIDENT OF VILLAGE SEMRATOLA, KHARAUNI, POLICE STATION MIRGANJ AND DISTRICT ….. PETITIONER Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR SON OF LATE SHIVNATH PRASAD, RESIDENT OF VILLAGE PURANI BAZAR, POLICE STATION MAIRWA AND DISTRICT SIWAN …. OPPOSITE PARTIES ----------- 2. 24.1.2011 The petitioner seeks quashing of the order dated 15.4.2010 passed in Sessions Trial No.421 of 2007,by which the 3rd Additional Sessions Judge, Siwan has refused to hold an enquiry u/s.7 of the Juvenile Justice Act. It has been submitted that by an amendment in the Act the benefit of juvenility is available to the accused at any point in time and, therefore, the court should have held an enquiry in the matter when such a point has been raised. In view of such, while setting aside the impugned order dated 15.4.2010 passed in Sessions Trial No.421 of 2007 by the 3rd Additional Sessions Judge, Siwan I direct the trial court to examine as to whether the petitioner was a juvenile on the date of occurrence and pass an appropriate order within a period of three months from the date of receipt of this order. With these observations, the application is disposed of. Let this order be communicated to the court below through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J.)