IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.951 of 2009 MATHURA YADAV, SON OF LATE BHAGWAN YADAV @ BAUNEY YADAV, RESIDENT OF VILLAGE GEWAL BIGHA, P.S. RAMPUR, DISTRICT GAYA……………………………………………………….…………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BIHAR, PATNA 4. THE SECRETARY, DEPARTMENT OF LAW, BIHAR, PATNA 5. THE INSPECTOR GENERAL (PRISON), BIHAR, PATNA 6. THE SECRETARY, SOCIAL WELFARE DEPARTMENT, BIHAR, PATNA……………RESPONDENTS ----------- 2. 05.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was convicted under Section 302 read with Section 34 of the Indian Penal Code and Section 3 of the Explosive Substances Act and Section 27 of the Arms Act by judgment and order dated 25.07.1987 passed by 5th Additional Sessions Judge, Gaya in connection with Sessions Trial No.44/1984 and 90/1984 and was sentenced to undergo imprisonment for life. The criminal appeal of the petitioner also stood dismissed by this Court by order dated 20.07.2001 passed in Criminal Appeal No. 408 of 1987. In this writ petition petitioner contends that on the date of occurrence i.e. on 05.07.1983 he was juvenile as his date of birth - 2 - was 22.01.1966. Learned counsel for the petitioner, therefore, submits that the matter may be referred to the Juvenile Justice Board constituted under the provisions of Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. In support of the claim of his juvenility, a certificate of the Bihar School Examination Board has been annexed as Annexure-1 which shows that date of birth of the petitioner is 22.01.1966. The writ application is, therefore, disposed of and the respondents are directed to refer the matter of the petitioner to the Board under the Act for consideration as to whether he was juvenile on the date of occurrence and as to whether he is covered under the said Act, and take appropriate action accordingly. The Board should consider the case of the petitioner preferably within a period of two months from the date of production of a copy of this order before it. With the aforesaid observations and directions, this application is disposed of. B.T (J. N. Singh, J.)