IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.385 of 2009 SURENDRA DUBEY S/O LATE MANORAM DUBEY --- PETITIONER Versus 1. STATE OF BIHAR 2. VIJAY KUMAR DUBEY 3. JIT PRAKASH DUBEY @ ADITYA PRAKASH DUBEY ----OPP.PARTIES. 02 12.10.2010 Heard learned counsel for the petitioner and the State. Petitioner is the informant. He is aggrieved by order dated 06.12.2008, passed by learned Sessions Judge, Saran at Chapra on his appeal being Cr. Appeal no. 19 of 2008. The informant aggrieved over the order dated 11.01.2008 passed by learned Principal Member Juvenile Justice Board, Saran at Chapra in Juvenile Enquiry no. 251 of 2008 had preferred the aforesaid appeal. Learned trial Court on a consideration of the submissions advanced on behalf of the parties found as under:- “4. Having considered the submissions urged at the bar, going though the evidence placed during enquiry it is manifest that on behalf of Juvenile two witnesses who are the father and mother have been examined. They have stated that the date of birth of Jit Prakash Dubey is 1.8.94 and the date of birth of Vijay Kumar Dubey is 4.2.92 whereas the informant has been examined and he has stated that the date of birth of Vijay Kumar Dubey is 20.5.87 and the date of birth of Jit Prakash Dubey is 2.2.87 and further stated as 2.2.88 and as per the voter list of the village they are aged 22 years. On behalf of the accused persons matriculation certificate of Ram Prakash Dubey and of Vijay Kumar Dubey and certificate granted by Head-Master Dalan Singh High School, Manjhi Saran showing date of birth of Aditya Prakash Dubey as 1.2.94 has been filed whereas on behalf of the informant Photostat copy of voter list has been filed. On the record certificates of Medical Board are also available where in the age of Vijay Kumar Dubey has been assessed between 18-19 years on 5.10.07 and the age of Jit Prakash Dubey has been assessed between 17 years to 18 years on 5.10.07. The date of occurrence is of 2.6.07. The learned Principal Magistrate after considering the evidence placed on the record has come to the conclusion that both Vijay Kumar Dubey and Jit Prakash Dubey are juvenile on the date of occurrence. On the basis of matriculation certificate and school admission certificate granted by Head- master and also after taking into consideration the certificate of medical board. In view of Rule 22(5) of Bihar Rules 2003 and Rule 12(3) of Central Rule 2007 read with section 49 of Juvenile Justice (Care and Protection of Children) Act 2000 matriculation certificate, Ist school attended certificate are to be taken into consideration for deciding the age. As per Ruling reported in 2008 Vol(2) PLJR page 800 and 1991 Vol(1) PLJR S.C. page 62 the learned Magistrate has rightly decided the age of O.P. no.2 and 3.” In my view, the order impugned does not call for any interference. The application lacks merit. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)