IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1776 of 2009 1. RAHUL KUMAR SON OF RAMJEE SHARMA. 2. SANTOSH KUMAR SON OF SITA RAM SHARMA. ------- PETITIONERS. Versus STATE OF BIHAR ----------- 2. 22/12/2009 Heard both sides. One of the petitioners namely Rahul Kumar is below 12 years of age, even while petitioner No. 2 has been assessed in between 12-13 years of age. 12 and above years of age simply comes within the definition of Juvenile and below 12 years is also Juvenile, but having another privilege enumerated under Section 83 of the Indian Penal Code, only seriousness of the offence has been made the main ground for rejection of petitioner’s prayer for bail, which in no case can be justified as material collected by the I.O. even has not been taken into consideration, it requires remand of the case for fresh appreciation by the Juvenile Justice Act making it clears that before considering petitioner’s prayer for bail, Section 83 of the I.P.C. and 12 of Juvenile Justice Board shall be taken into consideration. Accordingly, revision petition is allowed with the observation as above. The Judgment and order dated 18.8.2009 passed in Cr. Appeal No. 42 of 2009 by the learned Additional District & Sessions Judge, III, Vaishali, at Hajipur as well as order dated 3/7/2009 passed in G.R. No. 515 of 2009/T.R. No. 50 of 2009 by Judicial Magistrate, 1st 2 Class, Vaishali at Hajipur are set aside. The Juvenile Justice Board will consider the bail in accordance with law. Let this order be communicated through FAX at the cost of the petitioners. S.Ali (Mandhata Singh, J.)