IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12352 of 2010 ANJANI KUMAR @ ANJANI SINGH SON OF DWARIKA SINGH, RESIDENT OF VILLAGE LAXAMANPUR BATHE, POLICE STATION MEHANDIA, DISTRICT ARWAL …. PETITIONER Versus STATE OF BIHAR ----------- 2. 10.12.2010 The petitioner seeks quashing of the order dated 17.3.2010 passed by the 1st Additional Sessions Judge, Patna in Sessions Trial No.2B of 1999, by which the petitioner has been adjudged a major at the time of occurrence. On an earlier occasion when the petitioner had moved this court vide Cr.Misc.No.40880 of 2009 by an order dated 26.11.2009 this court had remanded the matter for a fresh consideration in view of the amendment in the Act. The petitioner assails the order impugned on the ground that the radiologist, who was examined as P.W.1 during trial, has opined that the petitioner was 25 to 30 years of age and, therefore, was a minor at the time of occurrence, but the court below has rejected the evidence on the ground that there was an opinion of the Medical Board by which it had opined that the petitioner was 35 to 40 years of age. In my view, the court below should have taken pains to examine rest of the doctors, who had constituted the Medical Board before arriving at this finding since only then could the opinion of the Board be considered to be contrary to the doctor’s evidence as P.W.1. 2 In view of such, the matter is remanded to the court below for summoning rest of the doctors of the Medical Board and thereafter pass an appropriate order within a period of six months with regard to juvenility of the petitioner. With these observations, the application is disposed of. Narendra/ ( Anjana Prakash, J. )