IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.298 of 2008 MADHAV KUMAR VERSUS STATE OF BIHAR & MANOJ KUMAR SINGH, BIHAT, BARAUNI. ----------- 3 02.02.2009. Heard learned counsel for the parties. The petitioner was declared a juvenile by Juvenile Justice Board vide order dated 26.11.2007, passed in Barauni Police Station case no. 60 of 2007 dated 11.2.2007 lodged under sections 302/34 I.P.C. and 27 of the Arms Act. The trial court on the basis of depositions of father and mother of the petitioner Madhav Kumar, and age recorded in his admit card of metric examination and entry made in register of Sunrise Public School held the petitioner to be Juvenile, his date of birth being 13.2.1991. The informant being aggrieved by the aforesaid order filed appeal before the appellate court. He submits that as per report of medical board, the petitioner would be 18 to 18 ½ years on the date of occurrence. The appellate court set aside order of the Juvenile justice board and remanded the matter for fresh consideration. The petitioner aggrieved by the impugned order dated 23.1.2008, passed by the appellate court has preferred this revision. The petitioner submits that the admit card of Bihar School Examination Board as well as birth recorded in School register will prevail upon the opinion of the Medical board in view of rule 12 of the Central Rule, 2007 read with Bihar Rules, 2003. This court in case of Sachin Kumar Gupta @ Sachin Kumar versus State of Bihar and another, reported in 2008(2) PLJR 800 as well as in case of Bir Bahadur Singh @ Tinku Singh versus the State of Bihar, reported in 2009(1) PLJR 116 have observed that - 2 - Matriculation certificate would hold primacy over the opinion of the medical board unless and until it is shows that the aforesaid certificate has been obtained fraudulently. Mr Jaiswal, learned Counsel appearing for the State submits that section 49 of the Act relates to determination of age of a person claiming to be a juvenile and in determining the age, the Juvenile justice Board can make any due enquiry. After hearing the parties, this Court finds that though the mark sheet of Matriculation certificate is on record, the Board certificate has not been annexed. In the circumstances, I set aside order of appellate court and remit the case to Juvenile Board to consider the matter of juvenility afresh. It would be open to the petitioner to produce copy of the Board certificate, similarly it will be open to the other side also to produce any other related documents. The learned Board would dispose of the application at the earliest by giving due primacy to the Board Certificate. With the aforesaid directions, the order of the learned appellant court dated 23.1.2008 is modified to the extent mentioned above. Shashi. (S.P.Singh,J).