IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.244 of 2009 SIKANDAR PRASAD @ SIKANDAR KUMAR …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY ----------- 02. 30.09.2010 Heard both sides. Petitioner is aggrieved by order dated 12.12.2008, whereby his application claiming juvenility on the date of occurrence has been considered and rejected on the ground that records indicate that on the date of first remand he was assessed at 21 years and that the claim of juvenility was not raised when the bail application was filed on behalf of the petitioner. Counsel for the petitioner submits that the law is settled in this regard. If an application is filed at any stage of the proceeding, the Court is obliged to consider the same in terms of section 7A of J.J.Act 2006 and dispose of the same in accordance with the Act and the Rules framed therein. It is stated that Rule 12 categorizes the circumstances which has/have to be considered while deciding the claim of juvenility. Counsel for the petitioner referring to annexure-2, submits that as per the matriculation certificate his date of birth is 25.02.1990. In that view of the matter, the petitioner was close to 17 years on the date of occurrence (05.03.2007). Mr Dayal, learned counsel appearing on behalf of the State, submits that in view of the settled principle of law, the court below ought to have embarked on an enquiry in terms of 2 section 7A of the Act. If there is/was any dispute with regard to the correctness of the certificate furnished by the petitioner, trial court could have called for original certificate/or report from the concerned Examination Board. In view of the submissions made on behalf of the parties, this Court is satisfied that the order impugned requires interference. Accordingly, order dated 12.12.2008 is quashed and set aside. The matter goes on remand to the learned court below for deciding the claim of juvenility raised on behalf of the petitioner in accordance with law. The trial court may make the enquiry itself or assign it to the concerned Principal Magistrate, J.J. Board. hr ( Kishore K. Mandal )